August 25, 2010

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

            Jerry Belan

            Greg Rich

            George Herczeg

            Brian Milne

            Emad Rozik

            Robert  (Bob) Woadden

            John Yaremko, Q.C.

August 26, 2010

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

            Fred Johnson

City Council confirmed the Minutes of Council from the meeting held on July 6, 7 and 8, 2010, in the form supplied to the Members.

City Council on August 25, 26 and 27, 2010:

1.          received the following petitions and submissions for information:

a.         (August 25, 2010) submitted by Councillor Brian Ashton, Ward 36 - Scarborough Southwest, containing the signatures of approximately 1,736 residents of the Birchcliff area, respecting development of the Quarry Lands.

b.         (August 19, 2010) submitted by Councillor Doug Holyday, Ward 3 - Etobicoke Centre, from John Provenzano, Member, Emery Village BIA, forwarding a petition containing the signatures of approximately 91 persons, respecting the flagpole proposed for Finch Avenue West and Arrow Road.

             c.         (July 18, 2010) submitted by Councillor Cesar Palacio, Ward 17 - Davenport, containing the signatures of approximately 119 persons, respecting the playground at Geary Avenue Parkette.

d.         (August 5, 2010) submitted by Councillor Pam McConnell, Ward 28 - Toronto Centre-Rosedale, containing the signatures of approximately 44 persons, respecting electrical and chemical emissions from overhead wires.

e.         (August 25, 2010) submitted by Councillor Michael Walker, Ward 22 - St. Paul's, containing the signatures of approximately 96 persons, respecting the development proposal for Orchard View Boulevard and Duplex Avenue.

f.          (August 25, 2010) submitted by Councillor Karen Stintz, Ward 16 - Eglinton-Lawrence, containing the signatures of approximately 14 persons and 37 form letters, respecting the development proposal for Orchard View Boulevard and Duplex Avenue.

2.         referred the following petition to the Board of Management, Toronto Zoo:

a.          (August 25, 2010) submitted by Councillor Shelley Carroll, Ward 33 - Don Valley East, containing submissions from approximately 1,518 persons, respecting elephants at the Toronto Zoo.

Various presentations, introductions and announcements were made to City Council on August 25, 26 and 27, 2010.  Refer to the Minutes of the Meeting for details.

City Council adopted the August 25, 2010 Order Paper, and all other Items not held on consent.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council amend former Municipality of Metropolitan Toronto By-law No. 72  to provide an exemption to the general prohibition such that the transportation of inflammable liquids would be permitted:

            a.         along or upon Finch Avenue West from Tangiers Road to Romfield Lane over the proposed LRT station; and

            b.         along or upon Keele Street between St. Regis Crescent and The Pond Road over the proposed subway.

2.         City Council direct the General Manager, Transportation Services, to undertake a feasibility study on potential new routing for tanker trucks to access Highway 400 and Highway 407 to reduce tanker trucks through the Keele/Finch intersection, and report thereon to the Public Works and Infrastructure Committee in early 2011.  The study to be done in consultation with affected oil companies.  

3.         City Council request the Deputy City Manager (Cluster B) to convene a meeting consisting of representatives of the Technical Standards and Safety Authority (TSSA), the oil companies, appropriate City officials (Fire, Transportation, Public Health, Police) and local Councillors, to  ensure there is a more transparent, understanding of the requirements relating to the handling and transportation of Inflammable materials.

4.         City Council direct the Deputy City Manager (Cluster B) to report to the Public Works and Infrastructure Committee, on regulatory requirements that apply to tank farms, tanker trucks and tank truck drivers and any other public safety assurance activities, and recommend a forum through which information can be shared with the local Community and Council.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the installation of weekday AM Peak westbound to southbound left-turning prohibitions and PM Peak northbound to eastbound right-turning prohibitions at the intersection of Steeles Avenue East at Tapscott Road and direct that these installations be implemented once the Markham By-Pass extension from Highway 407 to Steeles Avenue East is approved and opened to public traffic.

2.         City Council approve the installation of weekday AM Peak (6:00 a.m. to 10:00 a.m.) westbound to southbound left-turn prohibitions and PM Peak (3:00 p.m. to 7:00 pm.) northbound to eastbound right-turning prohibitions at the intersection of Steeles Avenue East and Staines Road.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council strike out the name “OMB Folly”.

2.         City Council refer this Item back to the North York Community Council to select a name following consultation with the purchasers of the new townhouses.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council appoint to the Compliance Audit Committee the persons listed in Confidential Attachment 1 to the report (July 22, 2010) from the City Manager for a term of office coincident with the term of Council that takes office following the 2010 regular municipal election.

2.         City Council authorize the City Clerk to make the appointees' names public once they have been appointed by City Council and the appointees have been notified.

3.         City Council appoint to the Compliance Audit Committee the persons listed as alternate members in Confidential Attachment 1 to this report (July 22, 2010) from the City Manager in the order listed, such appointments to be effective in the event that any vacancies on the Committee occur.

4.         City Council direct that the alternates' names remain confidential until their appointment to the Compliance Audit Committee becomes effective and the appointee(s) has / have been notified.

5.         City Council direct that Confidential Attachment 1 to the report (July 22, 2010) from the City Manager and Confidential Attachments 1 and 2 to the report (May 31, 2010) from the City Clerk, entitled "Appointment of Members to the Compliance Audit Committee", remain confidential in their entirety as they contain personal information about identifiable individuals.

6.         City Council request the City Manager to incorporate the recruitment and selection process for members of the Compliance Audit Committee into the Public Appointments Policy for future terms so that the Civic Appointments Committee recommends membership to City Council for approval.

City Council appointed to the Compliance Audit Committee the following persons listed in Confidential Attachment 1 to the report (July 22, 2010) from the City Manager, for a term of office coincident with the term of Council that takes office following the 2010 regular municipal election:

- Douglas Colbourne;

- John Hollins; and

- Virginia MacLean.

The balance of Confidential Attachment 1 to the report (July 22, 2010) from the City Manager, together with Confidential Attachments 1 and 2 to the report (May 31, 2010) from the City Clerk, remain confidential in their entirety, in accordance with the City of Toronto Act, 2006, as they contain information about identifiable individuals. 

City Council on August 25, 26 and 27, 2010, adopted the following:

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.          City Council instruct the City Solicitor and Counsel to continue the Motion for leave to appeal.

2.          City Council enact a by-law in the form of the bill attached to the motion by Mayor David Miller.

3.         City Council request the Province of Ontario to enact amendments to provincial legislation as set out in Appendix 1 to the report (August 23, 2010) from the City Solicitor.

4.         City Council receive the following reports for information:

              a.       (August 11, 2010) from the City Solicitor; and

              b.       (August 23, 2010) from the City Solicitor.

5.         City Council direct that the Confidential Attachments to the reports (August 11, 2010 and August 23, 2010) from the City Solicitor remain confidential in their entirety as they contain information related to litigation and solicitor-client privilege.

City Council also issued confidential instructions to staff, such instructions to remain confidential as they relate to litigation and are subject to solicitor-client privilege.

Confidential Attachment 2 to the report (August 11, 2010) from the City Solicitor, Confidential Attachment 1 to the report (August 23, 2010) from the City Solicitor, the confidential instructions issued to staff and the communication (August 25, 2010) from Michael Binetti, Affleck Greene McMurtry LLP, remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege and concern litigation affecting the City.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.        City Council treat the Council meeting at which this report (July 30, 2010) from the City Manager is considered as the 2009 Annual General Meeting of the Shareholder for Build Toronto Inc. by:

a.         Receiving the annual report of  Build Toronto Inc., forming Attachment 1 to this report (July 30, 2010) from the City Manager.

b.         Appointing Pricewaterhouse Coopers LLP, Chartered Accountants, as the auditor of Build Toronto Inc. for fiscal year 2010, and authorizing the Board of Directors of Build Toronto to fix the remuneration of such auditor.

c.         Receiving the report of the Deputy City Manager and Chief Financial Officer, dated July 30, 2010 entitled "Build Toronto Inc. 2009 Audited Financial Statements", forming Attachment 2 to this report (July 30, 2010) from the City Manager and receiving Build Toronto's 2009 Annual Audited Financial Statements forming Appendix A to that report.

2.         City Council forward a copy of Build Toronto's 2009 Audited Annual Financial Statements forming Appendix A to Attachment 2 to this report (July 30, 2010) from the City Manager to the Audit Committee for information.

3.         City Council authorize the Treasurer to execute a letter of guarantee on behalf of the City satisfactory in form to the City Solicitor in favour of OMERS Administration Corporation with respect to a maximum of four consecutive months of obligations owing by Build Toronto arising from its duty to pay employer and employee OMERS contributions during the period ending December 31, 2015.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.                  City Council, subject to the City obtaining the requisite statutory authority from the Province of Ontario, approve providing loan guarantees in respect of debt to be incurred by Build Toronto to finance its equity investments in various Build projects, and to enter into an agreement  with Build whereby the City agrees to provide such  loan guarantees (the "Agreement"), on the following principal terms and conditions:

a.                   Maximum amount guaranteed by the City not to exceed $160 million (inclusive of interest, costs and charges).

b.                  The term of the Agreement be five years, following which the City will no longer guarantee any new Build debt unless Council has elected to extend the Agreement.

c.                   Each individual guarantee provided by the City under the Agreement expire no later than five years from the date it is issued.

d.                  Build to pay to the City, as consideration for the Agreement and the guarantees, a fee equal to 1.0% per annum on the average outstanding loan balances being guaranteed by the City from time to time.

e.                   Build to provide to the City collateral with appraised value equal to or greater than the amount of the loans being guaranteed by the City.

f.                   Prior to each new guarantee being issued, Build must certify that the existing collateral for previously issued loan guarantees still meets the requirement in (e), or, in the alternative, provide additional collateral to meet the requirements in (e).

g.                  The certifications in (f) be confirmed by full appraisals of the entire collateral lands, at Build's cost, and carried out by a third-party appraiser selected by the City, at such time as the total amounts guaranteed by the City reach $40 million incremental thresholds (e.g. $40 million, $80 million, $120 million);.

h.                  The City to have the right to terminate the granting of new loan guarantees on ninety days notice.

i.                    Any other term deemed appropriate by the Deputy City Manager and Chief Financial Officer.

2.                  City Council direct that the loan guarantees to be provided pursuant to the Agreement be deemed to be in the interests of the City.

3.                  City Council grant authority to the Deputy City Manager and Chief Financial Officer to enter into any agreements or documentation between the City, Build and Build's lenders as may be required, desirable or necessary in respect of individual guarantees to be provided by the City, and collateral to be taken by the City under the Agreement.

4.                  City Council request the Deputy City Manager and Chief Financial Officer to report back to Council prior to the expiry of the five year term of the Agreement with an assessment of the potential risks and benefits associated with an extension of the Agreement for a further five year period.

5.         City Council request the Deputy City Manager and Chief Financial Officer to report in six months on the City's success in seeking the required amendments to Ontario Regulation 295/09.

6.         City Council request Build Toronto to report to the Executive Committee on how they intend to secure financing for projects, if the required amendments were not achieved by that time.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council consider the Council meeting to be the 2009 Annual General Meeting of the Shareholder for Invest Toronto Inc. by:

a.                   Receiving the annual report of Invest Toronto Inc., dated July 30, 2010, forming Attachment 1 to the report (July 30, 2010) from the City Manager.

b.                  Appointing Pricewaterhouse Coopers LLP , Chartered Accountants, as the auditor for Invest Toronto for fiscal year 2010, and authorizing the Board of Directors of Invest Toronto to fix their remuneration.

c.                   Receiving the report of the Deputy City Manager and Chief Financial Officer, dated July 30, 2010, entitled "Invest Toronto Inc. 2009 Audited Financial Statements"  forming Attachment 2 to the report (July 30, 2010) from the City Manager and receiving Invest Toronto's 2009 Annual Audited Financial Statements forming Appendix A to that report.

2.                  City Council forward a copy of Invest Toronto's 2009 Audited Annual Financial Statements forming Appendix A to Attachment 2 to the report (July 30, 2010) from the City Manager to the Audit Committee for information.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.                  City Council consider the Council meeting to be the 2008 and 2009 Annual General Meetings of the Shareholder for City of Toronto Economic Development Corporation by:

a.                   Receiving the annual report of the City of Toronto Economic Development Corporation operating under the name of Toronto Port Lands Company (TPLC), dated July 30, 2010, forming Attachment 1 to the report (July 30, 2010) from the City Manager.

b.                  Appointing PriceWaterhouseCoopers LLP, Chartered Accountants, as the auditor for TPLC for fiscal year 2010, and authorizing the corporation’s Board of Directors to fix their remuneration.

c.                   Receiving the reports of the Deputy City Manager and Chief Financial Officer, dated July 30, 2010, entitled “Toronto Port Lands Company – 2008 Audited Financial Statements”, forming Attachment 2 to the report (July 30, 2010) from the City Manager and dated July 30, 2010, entitled “Toronto Port Lands Company – 2009 Audited Financial Statements”, forming Attachment 3 to this report (July 30, 2010) from the City Manager and receiving the 2008 and 2009 Audited Annual Consolidated Financial Statements forming Appendix A to each of those reports.

2.                  City Council forward a copy of the 2008 and 2009 Audited Annual Consolidated Financial Statements forming Appendix A to Attachments 2 and 3 to the report (July 30, 2010) from the City Manager to the Audit Committee for information.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the General Manager, Toronto Water to enter into and execute an agreement (the "Second Amending Agreement") to further amend the Energy Transfer Agreement between the City and Enwave Energy Corporation dated January 18, 2002, as amended by agreement dated August 20, 2007, substantially on the confidential terms and conditions attached in Appendix "A" to Confidential Attachment 1 of the report (August 10, 2010) from the City Manager and such other terms and conditions as are satisfactory to the City Manager, in consultation with the Deputy City Manager and Chief Financial Officer, the General Manager, Toronto Water and the City Solicitor and in a form satisfactory to the City Solicitor.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to enter into, execute and deliver a consent and acknowledgement (the "Consent and Acknowledgement") to Integrated Private Debt Corp., or any affiliate of Integrated Private Debt Corp. ("IPDC"), whereby the City consents to Enwave assigning its interest in the Energy Transfer Agreement dated January 18, 2002 between the City and Enwave, as amended, (the "ETA") to IPDC as collateral  security for a new credit facility being negotiated between Enwave and IPDC; provided, however, that the terms and conditions of the Consent and Acknowledgement, and any related documents in which the City has an interest, are satisfactory to the Deputy City Manager and Chief Financial Officer and the City Solicitor and in a form satisfactory to the City Solicitor; 

3.         City Council authorize the Deputy City Manager and Chief Financial Officer to deliver and execute, if necessary, on behalf of the City, any additional documents that the Deputy City Manager and Chief Financial Officer and the City Solicitor determine are necessary to give effect to Part 2 above.

4.         City Council authorize the City to enter into a Municipal Access Agreement with Enwave Energy Corporation ("Enwave") to permit Enwave to use the City's public highways for its district energy operations in City public highways, substantially on the confidential terms and conditions attached in Appendix "B" to Confidential Attachment 1 of the report (August 10, 2010) from the City Manager and such other terms and conditions as are satisfactory to the City Manager, in consultation with the Deputy City Manager and Chief Financial Officer, the General Manager, Transportation Services and the City Solicitor and in a form satisfactory to the City Solicitor.

5.         City Council direct that the information contained in Confidential Attachment 1 of the report (August 10, 2010) from the City Manager remain confidential in its entirety.

Confidential Attachment 1 to the report (August 10, 2010) from the City Manager remains confidential, in its entirety, in accordance with the City of Toronto Act, 2006, as it contains information related to the security of property belonging to the City or one of its agencies, boards, and commissions.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council direct the City Manager to consider any request from the Toronto Community Housing Corporation Board of Directors for changes to its composition and consult with appropriate parties prior to reporting on this matter at the earliest opportunity in the new term of Council, and that a report be submitted to the Striking Committee for deferral of appointments of Council members to the TCHC Board if the number of Council members is impacted by the recommendation.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council  waive Section 3.3 of the Public Appointments Policy and nominate the person identified in Confidential Attachment 1 to the report (July 22, 2010) from the City Manager, to be appointed by the Board of Directors as Chair of Toronto Hydro Corporation, to serve at the pleasure of Council, effective December 1, 2010, until November 30, 2012 or until a successor is appointed.

2.         City Council direct that the Confidential Attachment 1 to the report (July 22, 2010) from the City Manager be made public following City Council's approval.

3.         City Council request the City Manager to undertake a review of term limits imposed on this position to determine if there is a need to make any adjustment.

4.         City Council request the City Manager to undertake a general review of the principle of term limited positions, with respect to Toronto Hydro.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council direct that no further changes to the City's Personal Vehicle Tax refund policy be adopted at this time.

2.         City Council request the City Manager to report to the Executive Committee on a graduated refund system for the Personal Vehicle Tax in 2011.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council direct staff to continue to work towards the achievement of a Five-Year Capital Works delivery model that would secure a fixed rolling five-year capital program thereby permitting project leads to initiate earlier stakeholder engagement and to proceed with project scoping, pre-engineering and design several years in advance of the project’s scheduled implementation date, resulting in predictable schedules and costs.

2.           City Council request the City Manager to enact and implement as soon as possible a “Project Lead” position, as there is a need to improve efficiency and timeliness of construction projects on the Transportation Right-of-Way. Using existing approved budget, the “Project Lead” will:

A.        Review and approve the timelines for project construction/completion;

B.        Approve the completion date prior to commencement of the project;

C.        Have decision-making authority on matters that would result in timely completion of the project; and

D.        Be accountable for any delays.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the Director of Real Estate Services to make an offer to purchase 450 Pape Avenue for conversion to affordable housing at no more than the appraised value of the property and subject to the satisfactory results of a building and site condition survey.

2.         City Council approve up to $1,900,000.00 in the form of a loan from the Land Acquisition Reserve Fund for the acquisition of 450 Pape Avenue from the Salvation Army.

3.         City Council approve up to $275,000.00 (with $213,560 to be refunded as a Municipal HST Rebate) in the form of a loan from the Land Acquisition Reserve Fund for the closing costs associated with the acquisition of 450 Pape Avenue from the Salvation Army, with the repayment of eligible rebates to the Land Acquisition Reserve Fund.

4.         City Council approve the repayment of the loans from the Land Acquisition Reserve Fund  with funds from future affordable housing funding sources and that the Director of the Affordable Housing Office report back within 12 months on the specific source of the funds.

5.         City Council authorize the City Solicitor to complete the purchase transaction on behalf of the City, including amending the closing or other dates to earlier or later date(s) and on such terms and conditions as she may from time to time consider reasonable.

6.         City Council direct that upon the acquisition of the site, the Deputy City Manager, through the Affordable Housing Office, request Toronto Community Housing Corporation to partner with the Toronto Arts Council or another arts organization, and the Co-operative Housing Federation of Toronto, to renovate and operate the site as non-profit co-operative housing for artists.

7.         City Council request the Deputy City Manager to prioritize new affordable housing funds to support the conversion and operation of 450 Pape Avenue as affordable housing.

8.         City Council request the Deputy City Manager to support the creation of affordable housing at 450 Pape Avenue through prioritizing the use of future funds contributed to the Capital Revolving Fund for Affordable Housing as a result of cash-in-lieu of rental replacement units that are approved for demolition in Ward 30.

9.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect hereto.

10.       City Council receive the report (June 26, 2010) from Deputy City Manager Sue Corke, for information.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve $3,950,000 in financial assistance under the City's Home Ownership Assistance Program, in the form of grants by way of forgivable loans from the Development Charges Reserve Fund (2009) for Subsidized Housing (XR2116) for the following not for profit affordable home ownership housing projects selected through Request for Expressions of Interest No. 9155-10-7150 up to the following amounts:

2.         City Council grant authority for the City to enter into a delivery agreement with each of the above-mentioned not for profit corporations or such other associated parties as the City deems appropriate, for the delivery and administration of the home ownership assistance being provided from the City's Development Charges Reserve Fund (2009) for Subsidized Housing (XR2116), on terms and conditions determined by the Director Affordable Housing and in a form approved by the City Solicitor.

3.         City Council grant authority for the Director, Affordable Housing to execute the delivery agreement and any other agreements or documents required to give effect to the foregoing and to administer the ongoing grants by way of forgivable loans.

4.         City Council grant authority for the Director, Affordable Housing to determine when the above projects have reached an adequate and appropriate stage in terms of City Planning approvals and construction readiness to allow the funding to be securely advanced.

5.         City Council grant authority to the City Solicitor to execute any documents required to register security for the loans and to postpone, confirm the status of and discharge the loans.

6.         City Council increase the 2010 Approved Operating Budget for Shelter, Support and Housing Administration (SSHA) by $3,950,000 gross $0 net to provide additional funding for the five affordable housing projects recommended in the report (July 26, 2010) from Deputy City Manager Sue Corke and Director, Purchasing and Materials Management.

7.         City Council direct that the report (July 26, 2010) from Deputy City Manager Sue Corke and the Director, Purchasing and Materials Management, be forwarded to the Minister of Municipal Affairs and Housing, and the Minister be encouraged to provide additional funding for these housing developments through the Federal-Provincial Affordable Housing Program –Homeownership Component.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council amend City of Toronto Municipal Code Chapter 441, Fees, to show the golf fees net of taxes and adjusted for rounding as laid out in Attachment 1 to the report (July 21, 2010) from the General Manager, Parks, Forestry and Recreation.

2.         City Council approve the introduction of a pilot fee option enabling the purchase of a package of 10 sessions of early morning 18-hole round golf for adults and seniors at the Humber Valley Golf Course for $212.40, and that the City of Toronto Municipal Code Chapter 441, Fees, be amended to add this fee option.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.                City Council amend the 2010 Approved Operating Budget for Parks, Forestry and Recreation to include funding for the operating costs of the Centennial Ski/Snowboard Centre and North York Ski/Snowboard Centre in the amount of $541,784 gross and $392,610 revenue, and $149,174 net, funded from the 2009 surplus (to amend the allocation noted in EX46.40), for the 2010 winter season.

2.         City Council request that additional funding for the 2011 winter season be included in the 2011 Interim Estimates for Parks, Forestry and Recreation in the amount of $1,625,352 gross, $1,177,829 revenue, and $447,523 net. 

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council direct Division Heads to continue to address those areas requiring action that are identified in Appendix 2 and Appendix 3 contained in the report (July 22, 2010) from the City Manager.

2.         City Council request the City Manager to submit a report to the next meeting of the Executive Committee providing a status report on employment equity issues with timelines for further reports and action strategies.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council extend congratulations to Leah Burke as the 2010-2011 recipient of City of Toronto undergraduate scholarship in Women’s Studies at the University of Toronto.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the amendment of the original Loan Agreement, dated January 2008, between the City and the St. Lawrence Centre for the Performing Arts to change the maturity date of the loan from December 31, 2010 to June 30, 2012 under the same terms, conditions and interest rate as contained in the original Loan Agreement, with the addition of a revised repayment schedule contained in this report to reflect the extended maturity date.

2.         City Council direct that the St. Lawrence Centre be required to meet with the City Manager and the Deputy City Manager and Chief Financial Officer to discuss the Centre’s ability to continue to meet the loan payment schedule prior to presentation of a 2011/2020 Capital Budget proposal. 

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council require the Toronto Transit Commission (TTC) to comply with the following:

a.         That the TTC submit budget requests in accordance with the City of Toronto’s Capital Budget and Plan Submission Guidelines and Instructions and Operating Budget Submission, Guidelines and Instructions manuals, and in accordance with budget targets as established by City Council and timelines as determined by the Deputy City Manager and Chief Financial Officer from time to time.

b.         That the City's policies and practices as outlined in Attachment 1 to the report (August 5, 2010) from the City Manager and Deputy City Manager and Chief Financial Officer apply to the TTC for all budget approvals, in-year budget adjustments, variance reports, and surplus dispositions.

2.         Council authorize the City Solicitor to introduce the necessary by-law for enactment by Council implementing the requirements set out in Part 1 above, utilizing the City's powers under the City of Toronto Act, 2006 respecting the financial management of the City's local boards, including their financial relationship, budget submission requirements and adherence to City budget policies and procedures.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council increase the Shelter, Support and Housing Administration 2010 Approved Operating Budget by $30,672,243 gross and $0 net to reflect 100 percent Provincial and Federal funding under the Renewable Energy Initiative component of the Social Housing Renovation and Retrofit Program.

2.         City Council request the General Manager of Shelter, Support and Housing Administration, in co-operation with the City's funding partners and Toronto Employment and Social Services, to explore the opportunities for pre-employment  training and employment for young people in our priority neighbourhoods through these projects.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council direct staff to develop a business case for an online EventPal platform to streamline access to special events-related City services and permitting processes.

2.         City Council direct staff to report back to the Executive Committee during the next term of Council on:

a.         The results of a corporate-wide review of special events-related permitting rules and requirements, including insurance requirements, to identify appropriate service standards.

b.         A corporate policy for special events fees.

3.         City Council direct that the proposed report recognize the tremendous contribution that special events make to the economic, social and cultural life of the City and its neighbourhoods, as well as contributing to the security of our residents.

4.         City Council request the Deputy City Manager, Cluster A, to:

i.          Integrate other City ABC stakeholders into the report, especially the Toronto Transit Commission and the Toronto Police Service.

ii.         Consider in the report, policies to minimize and eliminate fees charged to not-for-profit community organizations and neighbourhood groups.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.           City Council adopt the confidential instructions to staff in Attachment 1 of the report (July 28, 2010) from the Treasurer and the City Solicitor.

2.           City Council direct that the confidential instructions by Council be released at the discretion of the City Solicitor, and the balance of the confidential attachment remain confidential as it contains information subject to solicitor/client and litigation privilege.

Confidential Attachment 1 to the report (July 28, 2010) from the Treasurer and the City Solicitor remains confidential in its entirety, at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it involves litigation or potential litigation that affects the City and contains advice or communications that are subject to solicitor-client privilege.  The confidential instructions adopted by City Council will be released at the discretion of the City Solicitor.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council direct that the 2011 interim levy for all property classes be based on 50 per cent of the total 2010 taxes billed for each property, adjusted, as necessary, to reflect any additional taxes added to the previous year's taxes as a result of assessment added to the tax roll.

2.         City Council direct that the 2011 interim levy by-law provide that the interim levy will apply to assessments added to the tax roll for 2010 that were not on the assessment roll when the by-law was passed.

3.         City Council direct that the Interim Bill payment due dates for property tax accounts paid on the eleven (11) instalment pre-authorized payment plan be: February 15, March 15, April 15, May 16, and June 15, 2011.

4.         City Council direct that the Interim Bill payment due date for the two (2) instalment pre-authorized payment plan be March 1, 2011.

5.         City Council direct that the Interim Bill payment due dates for all other property tax accounts on the regular instalment option or on the six (6) instalment pre-authorized payment plan be: March 1, April 1, and May 2, 2011.

6.         City Council provide authority for:

a.         The collection of interim taxes.

b.         Imposing a penalty charge for non-payment of interim taxes at a rate of 1.25 per cent of taxes due and unpaid and the addition of such charges on the first day of default.

c.         Imposing an interest charge on all outstanding taxes accruing from the first day of default at a rate of 1.25 per cent per month.

7.          City Council grant authority for the introduction of the necessary bill in Council on December 7 and 8, 2010, providing for the levying and collection of the 2011 interim taxes prior to the adoption of the estimates for 2011, which by-law, when enacted, will be effective as of January 1, 2011.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve, in principle, the creation of a public square, as a community, tourist and business focal point within Emery Village, including a flagpole intended to be the tallest in North America, conditional on the successful negotiation of all agreements contained in Recommendations 2, 3 and 4 in the report (August 5, 2010) from the General Manager, Economic Development and Culture.

2.         City Council approve the project on the condition that the necessary funding is secured prior to construction.

3.         City Council authorize the Deputy City Manager and Chief Financial Officer to negotiate with the Board of the Emery Village BIA on a comprehensive agreement such that there be no cost to the City for the acquisition, initial implementation, future development and ongoing operation and maintenance of the flagpole and subject site.

4.         City Council direct the City Manager to consult with the Emery Village BIA and appropriate City staff and develop an operating model and any appropriate agreement for the management and administration of the public square within the existing structure of the Board of the Emery Village BIA.

5.         City Council authorize the Director of Real Estate Services to enter into negotiations to purchase the lands bounded by Arrow Road, Finch Avenue West and Highway 400 (known as 1111 Arrow Road), conditional upon achievement of agreements with the Emery Village BIA to finance the cost of acquisition, development and operation of the square in accordance with Recommendation 2 in the report (August 5, 2010) from the General Manager, Economic Development and Culture and an agreement on an appropriate operating model in accordance with Recommendation 3 in the report (August 5, 2010) from the General Manager, Economic Development and Culture.

6.         City Council direct the Deputy City Manager and Chief Financial Officer to report back to Council through the appropriate Committees on the outcome of the negotiations and consultations, and to seek approval for any agreements and required budget adjustments, pertaining to Recommendations 2, 3 and 4 in the report (August 5, 2010) from the General Manager, Economic Development and Culture.

7.         City Council request the Emery Village BIA to consider partnering with the Toronto Parking Authority in establishing lots to service the tourism potential of this installation.

8.         City Council request the Emery Village BIA to give consideration to partnering with the Canadian National Exhibition Association in establishing a permanent amusement park on site to help finance the project.

9.         City Council encourage the Emery Village Business Improvement Area to seek corporate sponsorship from companies like Pfitzer Inc. and Eli Lilly Canada Inc.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council amend the City of Toronto Municipal Code, Chapter 591, Noise, as per the amendments set out in Appendix A to the report (August 3, 2010) from the Executive Director, Municipal Licensing and Standards.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         a.         City Council approve a renewal of  a capital loan guarantee on behalf of Artscape to its financial institution in the amount of $250,000 (inclusive of all interest payable by Artscape), commencing on January 1, 2011 and ending on December 31, 2014 for the Distillery District Studios.

b.         City Council approve a renewal of a capital loan guarantee on behalf of Artscape to its financial institution in the amount of $3,200,000 (inclusive of all interest payable by Artscape), commencing on January 1, 2011 and ending on December 31, 2014 for the Wychwood/Green Arts Barn project.

c.         City Council enter into two agreements with Artscape with respect to the capital loan guarantees.

d.         City Council enter into two tri-party agreements with Artscape and its financial institution(s) with respect to the capital loan guarantees.

2.         City Council direct that such guarantees and all related agreements be on terms and conditions satisfactory to the City Solicitor, the Deputy City Manager and Chief Financial Officer as well as Deputy City Manager Sue Corke, and that the Deputy City Manager and Chief Financial Officer be requested to negotiate appropriate and adequate safeguards, to the satisfaction of the City Solicitor, with the City being promptly advised in the event of default or delay in the payment of interest.

3.         City Council retain the right to withhold a portion of outstanding grants that the City may provide to Artscape over the term of the loan if it is not retired or renegotiated by December 31, 2014.

4.          City Council direct that Artscape provide the Deputy City Manager and Chief Financial Officer with their 2011 to 2014 inclusive audited financial statements when they become available.

5.         City Council direct that the two guarantees be deemed to be in the interest of the municipality.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council endorse, in principle, the “Stacked Option” as the preferred design option at 85 and 95 Commissioners Street.

2.        City Council direct staff to include consideration of this project in the 2011 Capital Budget process and further refine costing estimates for the project.

3.        City Council request the Province to implement Tax Increment Financing in the waterfront revitalization area and direct staff to explore the potential for applying this form of financing towards the proposed sports facility.

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

5.         City Council direct that due consideration be given to the City's Bird-Friendly Development Guidelines, and that all efforts be made to employ mitigation strategies during the Site Plan process for the sports centre, given that this area is part of the North American migratory flyway.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council establish the North York Arena Reserve Fund as set out in Appendix #1 in the report (August 3, 2010) from the Deputy City Manager and Chief Financial Officer, for the purpose of providing a source of funding for the construction of a new twin-pad arena within the vicinity of the Don Mills Centre.

2.         City Council establish the Edithvale Land Acquisition Reserve Fund as set out in Appendix #2 in the report (August 3, 2010) from the Deputy City Manager and Chief Financial Officer, for the purpose of providing a source of funding for expanding Edithvale Park by the acquisition of additional land.

3.         City Council establish the Animal Services Efficiency Reserve Fund as set out in Appendix #3 in the report (August 3, 2010) from the Deputy City Manager and Chief Financial Officer, for the purpose of funding debt charges arising from the South Regional Animal Centre and staff be authorized to apportion the current funds in the Public Health Efficiency Reserve Fund and this account based on the proportional contributions to date.

4.         City Council direct that the purpose of the Public Health Efficiency Reserve Fund be changed to 'this account will be used to fund debt charges arising from the Toronto Community Health Information System'.

5.         City Council direct that the following accounts be closed and be deleted from Municipal Code 227 because they have zero balances:

6.         City Council direct that funds be transferred as noted below, and once so transferred the Legal Vehicle account should be closed and deleted from Municipal Code Chapter 227:

7.                  City Council amend Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, in accordance with Recommendations 1 – 6.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the Director of the Toronto Environment Office to negotiate and execute license agreements for sharing the Climate Change Risk Assessment Process and Tool, at no cost, with interested government Ministries, academic institutions and not-for-profits within the Province of Ontario identified in Attachment 1 in the report (August 3, 2010) from the Director, Toronto Environment Office, or those residing in Ontario meeting the criteria identified in Attachment 1 in the report (August 3, 2010) from the Director, Toronto Environment Office, at his discretion, on terms outlined in Attachment 2 in the report (August 3, 2010) from the Director, Toronto Environment Office, and otherwise on terms and conditions satisfactory to the Director of the Toronto Environment Office and in a form satisfactory to the City Solicitor.

2.         City Council authorize the Director of the Toronto Environment Office, in conjunction with the Deputy City Manager and Chief Financial Officer, to negotiate and execute license agreements, including cost recovery considerations which may be offset by in-kind resources, in order to provide the Climate Change Risk Assessment Process and Tool to parties outside of Ontario identified in Attachment 1 in the report (August 3, 2010) from the Director, Toronto Environment Office, or those outside of Ontario meeting the criteria identified in Attachment 1 or for-profit parties, at his discretion, on terms outlined in Attachment 2 in the report (August 3, 2010) from the Director, Toronto Environment Office, and otherwise on terms and conditions satisfactory to the Director of the Toronto Environment Office, and the Deputy City Manager and Chief Financial Officer, and in a form satisfactory to the City Solicitor.

3.         City Council direct the Director of the Toronto Environment Office to report back to Executive Committee and City Council on the sharing of the Climate Change Risk Assessment Process and Tool within two years.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council delegate to the City Manager authority to approve and submit, on behalf of the City of Toronto and on terms satisfactory to the City Manager, an offer to acquire from the Toronto Lands Corporation (Toronto District School Board) a portion of the property, municipally known as 1251 Bridletowne Circle, which portion shall include the former school building and associate parking areas, such agreement to be conditional on the necessary funding becoming available from the Land Acquisition Reserve Fund or other funding source, all in a form satisfactory to the City Solicitor.

2.         City Council authorize each of the Chief Corporate Officer and the Director of Real Estate, severally, to execute the offer and any other documents relevant to the transaction on the City's behalf.

3.                 City Council authorize the City Solicitor to complete the transaction on behalf of the City, including making payment of any necessary expenses, amending the closing and other dates to such earlier or later dates(s), and amending or waiving the terms and conditions, as she may from time to time consider reasonable.

4.         City Council request the Public Assets Working Group to undertake to develop a special policy pilot project for the schools serving the Lawrence Heights Revitalization including but not limited to:

-           Baycrest School
-           Sir Sandford Fleming Secondary School
-           Bathurst Heights Secondary School
-           Flemington Road Public School
-           Lawrence Heights Middle School
-           Our Lady of Assumption School

and all school sites identified within the Lawrence Heights Revitalization Area.

5.         City Council direct that consideration be given by the City to acquiring or leasing Sir Sandford Fleming Secondary School to provide facilities to Phase I of the Lawrence Heights Revitalization Plan currently being reviewed by the Planning Division for possible operation on an “Edithvale” model.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.                  City Council continue to target the previously approved Culture Plan cultural investment goal of $25 per capita by Operating Budget 2013.

2.                 City Council recognize that Arts and culture investment through the Community Partnership and Investment Program (Toronto Arts Council; Major Cultural Organizations; Local Arts Service Organizations) and Community Arts as the highest arts and culture funding priority.

3.                 City Council direct the General Manager of Economic Development and Culture to review the capital needs of non-City owned cultural facilities and report back during the 2011 Budget process on the best way for the City to invest and leverage Provincial and Federal investments in these facilities.

4.                 City Council direct the General Manager of Economic Development and Culture to reflect the priority outlined in Recommendations 1 and 2 in the report (July 22, 2010) from the General Manager, Economic Development and Culture, when submitting business cases for the 2011 Community Partnership and Investment Program as part of the 2011 Budget process.

5.         City Council request the General Manager of Economic Development and Culture to report to the Executive Committee before the Operating Budget 2014 process on:

a.         The status of per capita funding in Montreal and Vancouver.

b.         A strategy to achieve comparable per capita funding.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council amend Chapter 71, Financial Control, of the Toronto Municipal Code S71-19 to provide, during an election period and in other circumstances when Standing Committees and Council do not have any regularly scheduled meetings for a period of two months or longer, an extended authority to the City Manager to accept and spend donated funds in excess of $50,000 and up to $500,000 in respect of a program or capital project provided that:

a.         The donation has not been solicited by the City through a fundraising campaign or otherwise.

b.         The donation is not conditional upon and does not involve a proposal to name or rename a City asset.

c.         The donation complies with the City's Donation Policy.

d.         The City Manager report any donations expended pursuant to this section to Council through Executive Committee at the next available opportunity.

2.                  City Council amend Chapter 71, Financial Control, of the Toronto Municipal Code, S71-9 E. (3) to provide an extended authority to the Chief Financial Officer to approve reallocations of budget between capital projects not exceeding $1 million during an election period and in other circumstances when Standing Committees and Council do not have any regularly scheduled meetings for a period of at least two months.

3.         City Council delegate to the Board of Directors of the Toronto Atmospheric Fund (TAF) the authority to approve, on behalf of Council, transactions described in subsections 11(8) and 11(9) of the Toronto Atmospheric Fund Act, 2005, provided that:

4.         City Council approve the transactions set out in Schedule A to the report (July 21, 2010) from the City Manager as requested in the TAF Board report dated June 23, 2010.

5.         City Council request the City Manager to report on a protocol to be used in future to meet the requirements of the TAF Act while efficiently meeting the business needs of TAF.

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

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the in-year adjustments to the 2010 Approved Capital Budget as detailed in Appendix 2 of the report (June 24, 2010) from the Deputy City Manager and Chief Financial Officer.

2.         City Council approve carry forward funding for unspent 2009 capital totalling $196.577 million as detailed in Appendix 3.1 of the report (June 24, 2010) from the Deputy City Manager and Chief Financial Officer, in order to continue work on these capital projects, and that the 2010 Approved Capital Budget be adjusted accordingly with no incremental impact on debt.

3.         City Council approve carry forward funding for unspent 2008 and prior year capital projects totalling $0.410 million with no incremental increase to the 2010 Council approved debt funding as detailed in Appendix 3.2 of the report (June 24, 2010) from the Deputy City Manager and Chief Financial Officer, and that the 2010 Approved Capital Budget be adjusted accordingly.

City Council on August 25, 26 and 27, 2010, adopted the following:

1          City Council approve the creation of an in-year Capital project with Fire Services for the acquisition of Bunker Suits in the estimated amount of $5.0 million with offsetting funding from the Capital Financing Reserve, which will be repaid by contributions from Fire’s Operating budget over a five-year period.

2.         City Council direct that future required acquisitions of Bunker Suits be included as part of Fire Services’ submission for the 2011 to 2020 Capital Plan.

3.         City Council direct that a funding strategy be developed and reviewed as part of the 2011 Budget Process that would include the viability of annual operating budget contributions from Fire Services to the Vehicle Reserve - Fire Equipment to ensure sufficient funds are available for the ongoing replacement of Bunker Suits.

4.         City Council grant authority to the Fire Chief and General Manager, Toronto Fire Services and the Deputy City Manager and Chief Financial Officer, to donate sixty (60) bunker suits and helmets, forty (40) pairs of fire fighting boots and six (6) medical equipment storage bags that do not meet the current required standards in North America, have no resale value and would normally be discarded, to the Municipality of Plovdiv, Bulgaria.

5.         City Council grant authority to City officials to execute indemnity and waiver agreements with the appropriate officials receiving the donated items, such agreements to be in a form satisfactory to the City Solicitor.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council grant authority to enter into an Agreement of Purchase and Sale with the Toronto District School Board to acquire the parking lot portion of the property municipally known as 80 Lothian Avenue, shown as Part 1 on Appendix “C” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, at a purchase price of $1,735,733.00 plus applicable taxes and registration fees, estimated at $55,160.00 substantially on the terms outlined in Appendix “A-1” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, 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 direct that the 2010 Approved Capital Budget for Parks, Forestry and Recreation be increased in the amount of $1,790,893.00 to be funded from the Land Acquisition Reserve Fund (XR-1012) for the acquisition of the parking lot portion of the property, ‘Fairfield Seniors’ Centre Parking Lot’.

3.         City Council acquire the open space portion of the property at 80 Lothian Avenue, and grant authority to enter into an Agreement of Purchase and Sale with the Toronto District School Board to acquire the open space portion of the property municipally known as 80 Lothian Avenue, shown as Parts 2, 3, 4, 5 & 6 on Appendix “C” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, at a purchase price of $4,564,267.00 plus applicable taxes and registration fees, estimated at $147,370.00 substantially on the terms outlined in Appendix “A-2” to the report (June 9, 2010) from the Chief Corporate Officer and the General Manager, Parks, Forestry and Recreation, 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.

4.         City Council direct that the 2010 Approved Capital Budget for Parks, Forestry and Recreation be increased in the amount of $4,711,637.00 to be funded from the Land Acquisition Reserve Fund (XR-1012) for the acquisition of the open space portion of the property ‘TDSB Lothian Avenue Site”.

5.         City Council consider directing any future Section 37 monies and direct cash-in-lieu of parkland dedication money over and above the initial 5% portion, from the date of Council approval forward, which are generated from development in Ward 5 within the local community of 80 Lothian, as determined in consultation with the local Councillor, back to the Land Acquisition Reserve Fund (XR-1012) up to a period of 3 years.

6.         City Council direct that if at the end of 3 years there has not been enough money collected to refund the Land Acquisition Reserve Fund, then Real Estate Services be requested to report back and Council consider the disposition of all or a portion of the asset.  If the disposition includes the portion of the property funded by Section 37 and cash-in-lieu of Parkland Dedication funds, these funds will be reallocated and invested within the local community and vicinity for park purposes.

7.         City Council direct that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute, on behalf of the City, the Agreement of Purchase and Sale(s) with the Toronto District School Board.

8.         City Council authorize the City Solicitor to complete the transaction on behalf of the City including making payment of any necessary expenses and amending the closing date and other dates to such earlier or later date and on such terms and conditions as she may from time to time consider reasonable.

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

City Council on August 25, 26 and 27, 2010, adopted the following: 

1.         City Council endorse the "Vienna Declaration", in seeking to improve community health and to illustrate that drug policy reform is a matter of urgent significance.

2.         City Council forward a copy of this Item to the Federation of Canadian Municipalities.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the finalization and entering into of the previously approved agreement with Clarity Outdoor Media Inc. including the terms and conditions as contained in the report and the attached Confidential Attachment 1 (July 27, 2010) from the Chief Executive Officer, Exhibition Place, and such other terms and conditions as may be satisfactory to the Chief Executive Officer and City Solicitor.

2.         City Council direct that the confidential information in Confidential Attachment 1 in the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, not be released publicly as it concerns the security of the property of the Board and the City, and contains advice subject to solicitor-client privilege in contemplation of litigation or potential litigation.

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, 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 August 25, 26 and 27, 2010, adopted the following:

1.         City Council enter into a lease agreement with 1673081 Ontario Ltd. for the Fountain Dining Room substantially on the terms and conditions contained in this report and Schedule “A” attached (July 27, 2010) from the Chief Executive Officer, Exhibition Place, and the Confidential Attachment 1 to this report and such other terms and conditions satisfactory to the Board’s Chief Executive Officer and the City Solicitor.

2.         City Council direct that no renewal or extension beyond that contemplated in the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, be negotiated or approved without a further request for proposal and the approval of City Council.

3.         City Council direct that the confidential information contained in Attachment 1 to the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, not be released publicly in order to protect the competitive position and future economic interests of Exhibition Place and the City of Toronto.

Confidential Attachment 1 to the report (July 27, 2010) from the Chief Executive Officer, Exhibition Place, 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 of the City or one of its agencies, boards or commissions.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the confidential recommendations contained in Confidential Attachment 1a of the report (July 28, 2010) from the City Manager, entitled "Transit Security and Special Constable Services".

2.         City Council receive the letter (July 16, 2010) from the General Manager, Toronto Transit Commission, and confidential attachment.

3.         City Council direct that the Confidential Attachments remain confidential as they deal with personal matters about identifiable individuals.

The Confidential Attachments to the letter (July 16, 2010) from the General Manager, Toronto Transit Commission, and the report (July 28, 2010) from the City Manager, remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as they contain personal information about identifiable individuals.   

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the creation of one sub-project and the reallocation of funds in Facilities Management’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $1.191 million, as illustrated in Appendix 1 of the report
(July 27, 2010) from the Chief Corporate Officer, with zero gross and net impact.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council grant authority, subject to approval of Recommendation No. 3 of the report (July 29, 2010) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, to amend Purchase Order No. 6029461 with PCL Constructors Canada Inc. for the construction services and construction implementation of the Nathan Phillips Square Revitalization Project at Toronto City Hall. The total amendment request is $4,897,708.80 net of HST Recoveries ($4,813,000.00 net of all applicable taxes and charges), revising the current contract value from $28,000,000.00 to $32,813,000.00 net of all applicable taxes and charges.

2.         City Council authorize an increase to Facilities and Real Estate Approved 2010 Capital Budget and 2011-2019 Capital Plan in the amount of $2,536,819.00, and to allow Facilities Management to receive this funding from a 3rd party contributor, the Toronto Parking Authority (TPA), with a zero net impact.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve an increase in the 2010 Operating Budget for Transportation Services of $1.0 million gross and revenue of $1.19 million, resulting in a reduction of $0.19 million in the 2010 Approved Operating Net Budget for Transportation Services, as detailed in Table 1 of the report (July 26, 2010) from the General Manager, Transportation Services, with an offsetting adjustment in the Non-Program account, for additional Utility Cut Repair work.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the cashflow adjustments and budget reallocations to Toronto Water’s approved 2010 Capital Budget and 2011-2019 Capital Plan, with a zero net impact, as detailed in Appendix 1 of the report (July 26, 2010) from the General Manager, Toronto Water.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve an increase to the Economic Development and Culture 2010 2019 Capital Plan for the Fort York Visitor Centre of $4.085 million gross and zero net, funded by offsetting increases in third party donations and Section 37 contributions as outlined in Attachment 1 of the report (July 29, 2010) from the General Manager, Economic Development and Culture.

2.         City Council authorize the General Manager of Economic Development and Culture to issue tenders, through the Bid Committee, and award contracts for site preparation work for the Fort York Visitor Centre in the fall of 2010 in order to expedite the construction of the building in 2011 and the completion of the building for the Bicentennial of the War of 1812 in June 2012.

3.         City Council request City Agencies, Boards, Commissions and Divisions with jurisdiction over or interest in lands adjacent to the lands required for the construction of the Fort York Visitor Centre to fully cooperate in order to expedite completion of the building for the Bicentennial.

4.         City Council direct the City Manager to request the Province of Ontario to expedite their contribution to the Fort York Visitor Centre.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council increase the Toronto Public Health 2010 Operating Budget by $289,973 gross and $0.0 net, and two temporary positions, to reflect confirmed one-time funding from the Ministry of Health Promotion for the Smoke-free Ontario Youth Engagement Strategy.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve a one-time budget adjustment of $2,439,397 and $0.0 net to the Toronto Public Health (TPH) 2010 Approved Operating Budget including $2,240,000 gross and $0.0 net to expand the existing community-based infrastructure of dental clinics, and $199,397 gross and $0.0 net to support initial start-up of the new Low Income Dental Program, with 100 per cent funding provided by the Ontario Ministry of Health and Long-Term Care.

2.         City Council approve the creation of an in-year Capital project to be added to the Toronto Public Health 2010 Approved Capital Budget for the acquisition of a mobile dental clinic in the amount of $450,000 with one-time 100 per cent funding provided by the Ministry of Health and Long-Term Care (MOHLTC).

3.         City Council approve a base budget adjustment of $2,848,809 gross and $0.0 net to the TPH 2010 Approved Operating Budget and 41 permanent positions with on-going 100 per cent funding provided by MOHLTC.

4.         City Council authorize the Medical Officer of Health to negotiate, award, amend and execute contracts with the following five agencies to construct and equip dental clinics in their facilities and that the contracts will be in a form that is satisfactory to the City Solicitor and the City Treasurer:

a.          Parkdale Community Health Centre;

b.          Anishnawbe Community Health Centre; 

c.         St. Michael’s Hospital; 

d.          Stonegate Community Health Centre; and 

e.          Carefirst Family Health Team.

5.         City Council authorize the Medical Officer of Health to negotiate, award, amend and execute purchase of service contracts for the ongoing implementation and delivery of the new dental program for children and youth in low-income families with the five agencies engaged to construct dental clinics and that the contracts will be in a form that is satisfactory to the City Solicitor.

6.         City Council request the Medical Officer of Health to report to the Board of Health and the Executive Committee in 2011 on the contracts awarded to the five agencies to construct and equip dental clinics, and annually on the purchase of service contracts awarded for the ongoing implementation and delivery of the new low income dental program.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council grant authority to the Toronto Environment Office to administer the toxics reduction grants under the Live Green Community Investment Program, on an annual basis beginning in 2010, and to make any necessary adjustments to the Live Green Community Investment Program in order to accommodate the addition of the toxics reduction grants.

2.         City Council delegate authority to the Director, Toronto Environment Office and the Medical Officer of Health, to award funds, totalling $50,000 in 2010, for the toxics reduction grants under the Live Green Community Investment Program.

3.         City Council direct the Medical Officer of Health in collaboration with the Director, Toronto Environment Office to report annually to the Board of Health on the grants program and any proposed changes deemed necessary.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize the reallocation of funds in SWMS’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $7.161 million as detailed in Table 1 of the Financial Impact section in the report (July 22, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management, with zero gross and net impact.

2.         City Council authorize the General Manager, Solid Waste Management Services, to finalize negotiations and execute a sole-source agreement with CCI-TBN Toronto Inc. for the design, construction and commission of a new odour treatment system and a new anaerobic digestion system, for the construction of a new secondary containment structure and to replace the roof scrim and repair other deficiencies of the existing anaerobic digester, substantially on terms and conditions set out in Attachment 1 of the report (July 22, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management Division, and such other terms as may be satisfactory to the General Manager Solid Waste Management Services, and in a form satisfactory to the City Solicitor.

3.         City Council authorize the General Manager, Solid Waste Management Services, to execute an agreement with CCI-TBN Toronto Inc. be contingent upon the total cost of the new SSO facility not exceeding $10,932,000.00 net of HST recoveries, as follows:

a.         For the base scope of work including design, construction and commissioning of a new odour treatment system and a new anaerobic digestion system, design and construction of a new secondary containment structure and cleanout, repair and re-commissioning of the existing anaerobic digester, an amount not to exceed $9,197,603.00 net of HST recoveries.

b.         For provisional items, an amount not to exceed $ 508,800.00 net of HST recoveries.

c.         For contingencies an amount not to exceed $ 1,225,597.00 net of HST recoveries.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the cash flow adjustments and budget reallocations to Toronto Transit Commission's (TTC’s) approved 2010 Capital Budget and 2011-2019 Capital Plan, with a zero net impact, as detailed in Appendix 1 of the report (August 4, 2010) from the Chief General Manager, Toronto Transit Commission.

2.         City Council approve an increase in the budgeted contribution from the Provincial Gas Tax Revenues for Public Transit reserve fund (XR3018) in the amount of $1,270,790.

3.         City Council approve a contribution from the Public Transit Capital Trust reserve fund (XR3021) in the amount of $6,186,140.

4.         City Council request the Toronto Transit Commission to provide additional detail in the 2011 Capital Budget submission on how these adjustments will affect future year cash flow and project financing including debt funding.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council receive for information, the letter (August 6, 2010) from the Chair, Board of Directors, Toronto Community Housing Corporation, and the Chief Executive Officer, Toronto Community Housing Corporation.

2.         City Council forward a copy of this Item to the Board of Directors of the Toronto Community Housing Corporation with a request that the Board consider the need for tenant engagement plans tailored to the needs of specific neighbourhoods/buildings in the development of the next Community Management Plan.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the enrolment of the new, stand-by generators to be installed at Union Station in the Ontario Power Authority (OPA) Demand Response 3 Program.

2.                  City Council authorize the Director, Energy and Strategic Initiatives, in conjunction with the Director, Purchasing and Materials Management, to initiate a Request for Proposal (RFP) process to select the Demand Aggregator to co-ordinate the participation of the City in the OPA Demand Response 3 Program.

3.         City Council authorize the Chief Corporate Officer severally to execute an agreement for a period not to exceed five (5) years with the selected Demand Aggregator, on behalf of the City.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the Policy contained in Attachment 1 of the report (July 5, 2010) from the City Manager, titled 'Kilometrage Reimbursement for use of Personal Vehicles for City Business' to be implemented on December 31, 2011 for all non-union employees.

2.         City Council request staff to consider ways to encourage employees to use public transit, walking, cycling and car sharing for business travel in the City of Toronto and that this be incorporated into the policies and education program for staff.

3.         City Council direct the Human Resources Division to negotiate similar provisions with each union/association, when appropriate.

City Council on August 25, 26 and 27, 2010, adopted the following: 

1. City Council receive, for information, the report (July 19, 2010) from the City Manager titled “Occupational Health and Safety Report – First Quarter, 2010.”

City Council on August 25, 26 and 27, 2010, adopted the following:

1.                 City Council reallocate an amount of $105,667 in capital funding from Yonge-Dundas Square’s State of Good Repair Project (CYD005-01) to the Square’s ISF Project (CYD850-01) Construction of Storage Facility, resulting in a zero net change in the Yonge-Dundas Square Board of Management’s 2010-2011 Capital Program.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council authorize, the City, as Purchaser, enter into an Amending Agreement with Toronto Community Housing Corporation (TCHC), as Vendor, to amend the Agreement of Purchase and Sale (APS) dated May 28, 2008, for the purchase of the property as described in the APS, currently known as 38/40 Regent Street (the "Property"), substantially on the terms set out in Appendix "B" in the report (August 4, 2010) from the General Manager, Parks, Forestry and Recreation; the General Manager, Children's Services; and the Chief Corporate Officer, and that each of the Chief Corporate Officer and the Director of Real Estate Services be authorized to severally execute the Amending Agreement on behalf of the City.

2.         City Council authorize staff to negotiate and enter into three (3) separate Agreements with Regent Park Energy Inc. for a term of twenty-five (25) years each, commencing approximately fall 2010, fall 2011, and fall 2012 for the children and youth hub, aquatic centre, and community centre respectively, for the supply of district thermal energy to the Regent Park Children and Youth Hub located at 30 Regent Street (now known as 38/40 Regent Street), the new Regent Park Aquatic Centre and Community Centre located within Phase 2 of the Regent Park Revitalization area, in a form satisfactory to the General Manager of Children’s Services, the General Manager of Parks, Forestry and Recreation and the City Solicitor, subject to the City becoming the owner of the respective sites.

3.         City Council authorize the increase in the 2010 Capital Budget for Children’s Services by $478,400 to fund the capital costs of implementing the piping required to receive thermal energy from Regent Park Energy Inc. with $244,000 funded by TCHC and $234,400 funded through a loan from Toronto’s Sustainable Energy Plan, Green Energy Fund to be re-paid over a twenty year term at 0% interest.

4.         City Council grant an exemption to the Below-Market Rent (BMR) Policy to allow Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre to become tenants at 40 Regent Street without the need to solicit a request for proposals as required by the Below-Market Rent Policy.

5.         City Council authorize a new BMR lease agreement with Regent Park Community Health Centre and a new BMR lease agreement with Regent Park Focus Youth Media Arts Centre, both for a five (5) year term, with a reduction in their additional rent for 2010 by the total amount of $14,503.73 apportioned between the BMR tenants in proportion to the size of their respective leased premises, subject to Council approving such subsidy amount, and based on the terms and conditions set out in Appendix “C” in the report (August 4, 2010) from the General Manager, Parks, Forestry and Recreation; the General Manager, Children's Services; and the Chief Corporate Officer, and other terms and conditions deemed appropriate by the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

6.         City Council authorize amending BMR lease agreements with Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre to be entered into any time during the balance of the five year BMR lease terms to reflect any additional subsidies that City Council may decide to give the tenants towards their respective additional rent costs under their leases.

7.         City Council authorize Children's Services to contribute on a one-time only basis $14,503.73 in 2010 from within the 2010 Approved Operating Budget towards increased occupancy costs for Regent Park Community Health Centre and Regent Park Focus Youth Media Arts Centre which resulted from relocation of these organizations to 40 Regent Street.

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

9.         City Council authorize the City Solicitor to complete the leases, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or later date(s), on such terms and conditions, as she may, from time to time, determine.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council approve the 2009 Consolidated Financial Statements as attached in Appendix A to the report (June 21, 2010) from the Deputy City Manager and Chief Financial Officer and the Treasurer.

City Council on August 25, 26 and 27, 2010, adopted the following:

1.         City Council receive for information, the City of Toronto Audit Results for the year ended December 31, 2009, submitted by Ernst & Young LLP, Chartered Accountants.

The Audit Committee recommends that:

1.         City Council receive for information, the 2009 Financial Statements and related documents of the following agencies, boards, commissions and corporations:

-           Exhibition Place

-           The North York Performing Arts Centre Corporation (operating as The Toronto Centre for the Arts)

-           The Sony Centre for the Performing Arts

-           The St. Lawrence Centre for the Arts

-           Toronto Atmospheric Fund

-           Toronto Public Library

-           Toronto Transit Commission

-           Yonge-Dundas Square

-           Toronto Parking Authority

-           Heritage Toronto.

2.         City Council request that when any agency, board or commission is considering a new accounting system, they be required to get approval from the City Manager.