January 26, 2010

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

            David Kent Pecaut

            Riyaz Kara

            Paul Quarrington

            Dr. John Spence Lovering

            Serge Marcil

            the Haitian community

City Council on January 26 and 27, 2010, received the following petitions and submissions for information:

1.         (undated) submitted by Councillor Rob Ford, Ward 2 - Etobicoke North, containing the signatures of approximately 25 residents of 275 Albion Road and 1 Shendale Drive, in support of renovations to the children's playground.

2.         (undated) submitted by Councillor Raymond Cho, Ward 42 - Scarborough-Rouge River, containing the names of approximately 147 persons regarding traffic control signals at the intersection of Blackbird Gate and Finch Avenue East.

3.         (undated) submitted by Councillor Giorgio Mammoliti, Ward 7 - York West, containing the signatures of approximately 932 students of Westview Centennial Secondary School, in support of a crosswalk at 755 Oakdale Road.

January 26, 2010

Speaker Bussin, during the morning session of the meeting, introduced Adult ESL students from The Worship Centre, present at the meeting.

Councillor Grimes, during the morning session of the meeting, advised Council that a life had been saved recently at the Mastercard Arena, by an employee using the arena's defibrillator.  He noted that this was the second time Art Jones had saved someone using an arena's defibrillator prior to the arrival of paramedic.  Councillor Grimes stressed the importance of access to defibrillators and proper staff training on their use.

January 27, 2010

HMCS Toronto - Canadian Naval Centennial 1910-2010

Mayor Miller, during the morning session of the meeting, introduced Commander Richard Feltham, Commander of HMCS Toronto.  Mayor Miller described the recent missions of the ship and congratulated Commander Feltham, his crew and the other 11,000 members of the Canadian Navy, on the occasion of the Canadian Naval Centennial.  Commander Feltham thanked the Mayor and Members of Council, and presented Mayor Miller with a framed historical picture representing the past of the HMCS Toronto, and other mementos.

Speaker Bussin, during the morning session of the meeting, introduced students from Charles G. Fraser Public School, present at the meeting.

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

1.         City Council adopt the following protocol for public consultations and stakeholder meetings for state of good repair (SOGR) projects, including those associated with the Recreational Infrastructure Canada Program (RInC):

a.         For all SOGR projects that will not affect programming or the uses of an amenity, community consultation or stakeholder meetings will not be required; and

b.         For all SOGR projects that may affect programming or have a service improvement component, one general community information session can be held in cooperation with Recreation staff.  This session will provide users with the reasons for the programming interruption, as well as location and programming alternatives.

2.         City Council direct that further consultation take place, if identified by the local Councillor and approved by the General Manager, Parks, Forestry and Recreation. 

3.         City Council request the General Manager, Parks, Forestry and Recreation to report to the Executive Committee in the first half of 2012 on the success of this protocol.

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

1.         City Council approve the construction by Maple Leaf Sports and Entertainment Ltd. (MLSE), at its sole cost and expense of approximately $1.972M, of 1,249 additional seats at the north end of BMO Field and related upgrades to the Food Building ground level washrooms on the south side of the Food Building all in accordance with the terms and conditions as set out in the report (December 9, 2009) from the Chief Executive Officer, Exhibition Place, and such other terms as satisfactory to the Chief Executive Officer and the City Solicitor, and that the additional seating and washroom improvements so constructed shall be the property of the City of Toronto and the seating shall be deemed to be part of the Stadium for the purposes of the current agreements between the Board, City and MLSE respecting the Stadium.

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

1.         City Council approve entering into an agreement with Clarity Outdoor Media Inc. (Clarity) on the terms and conditions as originally approved by the Board and City Council, except for a change to the payment schedule as described in the attached Confidential Attachment I to the report (December 10, 2009) from the Chief Executive Officer, Exhibition Place, as amended.

2.         City Council adopt the recommendation contained in Confidential Attachment 1 to the report (January 26, 2010) from the Chief Executive Officer, Exhibition Place.

3.         City Council direct that the confidential information in the Attachments to the reports (December 10, 2009 and January 26, 2010) from the Chief Executive Officer, Exhibition Place, not be released publicly in order to protect the competitive position and the future economic interests of Exhibition Place.

Confidential Attachment 1 to the report (December 10, 2009) 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 the property of the municipality or local board.

Confidential Attachment 1 to the report (January 26, 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 the property belonging to the City of one of its agencies, boards and commissions.

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

1.         City Council approve a Licence Agreement with Toronto Hydro Energy Services Inc. (THESI) to design, build and operate a Photovoltaic System on the roof of the Better Living Centre (BLC) on the terms and conditions as detailed in the report (December 9, 2009) from the Chief Executive Officer, Exhibition Place, and any other terms as may be satisfactory to the Chief Executive Officer and the City Solicitor.

2.         City Council give authority for the Board of Governors of Exhibition Place (“the Board”) to enter into any interconnection/embedded generation agreement which may be required by the electricity distributor (e.g. Toronto Hydro-Electric System Limited) which may be required as a result of the Photovoltaic System, on such terms as may be satisfactory to the Chief Executive Officer and the City Solicitor.

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

1.         City Council designate Family Day as a holiday for all non-union employees of the Toronto Public Service commencing 2010.

2.         City Council direct City staff to amend the Designated Holidays and Float Holidays Policy to add Family Day to the list of designated holidays for non-union employees.

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

1.         City Council adopt the Diversity and Positive Workplace Strategy outlined in the attachment of the report (November 17, 2009) from the City Manager.

2.         City Council authorize the City Manager to undertake the following specific actions:

i.          develop and implement a new three-year corporate Employment Equity Action Plan 2010 – 2012;

ii.          require that a direct linkage be established between each manager's individual accountabilities for the corporate Employment Equity Action Plan through their annual performance planner;

iii.         incorporate the targets set out in the Employment Equity Action Plan in the strategies of the Toronto Public Service People Plan;

iv.         develop and implement a Diversity Education campaign for the Toronto Public Service;

v.         develop and implement training programs designed for supervisors and managers on "Inclusion in the Workplace: Race" and "Duty to Accommodate";

vi.         develop a corporate Conflict Resolution and Positive Workplace Policy and related training initiatives on respectful and positive workplaces;

vii.        create a mandatory five year corporate leadership curriculum that incorporates the issues of employment equity, diversity, inclusion and conflict resolution/positive workplace culture;

viii.       expand the scope of the current "Access, Equity and Human Rights Awards" to also include the recognition of contributions by employees of the Toronto Public Service; and

ix.         include a Diversity and Positive Workplace Strategy progress report with the annual reporting of the Toronto Public Service People Plan.

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

1.         City Council receive for information the Workforce Survey among Non-Union Staff: Response Rate and Representation Rate set out in the report (September 30, 2009) from the Executive Director of Human Resources.

2.         City Council request the City Manager to submit a further report to the Employee and Labour Relations Committee, as soon as possible, when the Employment Equity Workforce Survey is complete.

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

1.         City Council receive, for information, the report (November 9, 2009) from the City Manager and the Executive Director, Human Resources, entitled "Occupational Health and Safety Report, Third Quarter 2009."

City Council on January 26 and 27, 2010, deferred consideration of Item EX39.11 to its next meeting on February 22, 2010.

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

1.         City Council increase the 2009 Operating Budget for the Community Partnership and Investment Program, administered by Social Development, Finance and Administration Division, by $350,000.00, fully funded by Section 37 community benefits related to 530 St. Clair Avenue West, (source: Section 37, Clearing Account 220096), to provide, conditional on the City’s receipt of the funds, a one-time grant of $350,000.00 to Toronto Artscape toward the provision of the capital improvements and enhancements to the Artscape’s Wychwood Barns project.

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

1.         City Council establish the reserve fund groups and  reserve funds accounts that relate to development charges as set out in Appendices A1-A4 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for the purposes with criteria as set out therein for fiscal 2009.

2.         City Council establish the following two accounts – Police Legal Liabilities Reserve and Police Health Care Spending Reserve Fund - as set out in Appendices B1 and B2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer to support the Toronto Police Service’s legal obligations for the purposes set out therein for fiscal 2009.

3.         City Council establish the Section 16 Reserve Fund to hold funds from agreements signed with developers under Section 16 of the City of Toronto Act, 1971, S.O. 1971, c. 130, as amended, as set out in Appendix C1 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for fiscal 2009.

4.         City Council establish the Toronto Museum Donation Reserve to receive donations and contributions for the purpose of establishing a Museum of Toronto and related galleries as set out in Appendix C2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer.

5.         City Council amend Appendix C2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer by adding the following new item 8:

              8.       The General Manager, Economic Development, Culture and Tourism, in consultation with the City Manager and Treasurer, be authorized to draw up to $100,000.00 from the reserve to cover museum development costs.

6.         City Council establish the Move Ontario Trust Interest Reserve Fund to receive the City’s share of the net income distributed by the Move Ontario Trust to be used for the Toronto-York Spadina Subway Extension Project as set out in Appendix C3 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for fiscal 2009 and any interest on hand be transferred to this account.    

7.         City Council establish the following two accounts – Transportation Cash In Lieu Reserve Fund and the Toronto Water Cash In Lieu Reserve Fund – as set out in Appendices D1 and D2  in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer to hold funds provided by property developers for the respective services instead of doing the work themselves under the provisions of Section 41(7) of the Planning Act and any cash in lieu funds held by the City be transferred to the respective accounts as of January 1, 2010.

8.         City Council close and delete the Don Valley Brick Works Donation Reserve Fund from Municipal Code Chapter 227 Schedule #5 – Donations Reserves.

9.         City Council change the name of the North York Performing Arts Stabilization Reserve to “Toronto Centre for the Arts Stabilization Reserve” with the purpose changed to “provides funding to finance the Toronto Center for the Arts' operating deficits or to support fiscal stabilization activity through revenue generating plans and initiatives”.

10.       City Council transfer the year-end balance of the Animal Services Vehicle and Equipment Replacement Reserve to the MLS Vehicle and Equipment Replacement Reserve, the Animal Services Vehicle and Equipment Replacement Reserve be closed and the Animal Services Vehicle and Equipment Replacement Reserve be deleted from Vehicle and Equipment Replacement Reserve Group within Schedule #1, Corporate Reserves of Municipal Code Chapter 227.

11.       City Council rename the Zoo Endangered Species Reserve which currently resides in the Donation Reserve (Schedule #5) the Zoo Endangered Species Reserve Fund, transferred to the State of Good Repair Obligatory Reserve Funds (Schedule #14) with same purpose and investment earnings be applied as of December 1, 2008.

12.       City Council amend Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, in accordance with Recommendations 1 – 11.

13.       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 January 26 and 27, 2010, adopted the following:

1.         City Council request the Treasurer, in conjunction with Heads of Divisions participating in the PCard program, to develop and implement clear and effective procedures to:

a.         Reduce the number of monthly transactions with outstanding documents or approvals

b.         Follow up on transactions with outstanding documents or approvals in a consistent manner

c.         Recover the City’s GST rebates from PCard purchases

d.         Ensure cancellation of individual PCards according to policy.

2.         City Council request the Treasurer to validate employment status of all current cardholders.  Further, in consultation with Heads of Divisions participating in the PCard program, the Treasurer develop and implement clear and effective procedures to address the timely cancellation of PCards upon employment termination or extended leave.

3.         City Council request the Treasurer, in conjunction with Heads of Divisions participating in the PCard program, to develop and implement effective review, monitoring, and follow-up procedures, at the divisional and Corporate levels, to ensure compliance with PCard policies and procedures.

4.         City Council request Heads of Divisions participating in the PCard program to ensure that a divisional approval list outlining cardholders and their respective approval supervisors is developed and routinely reviewed for appropriateness.

5.         City Council request the Treasurer, in consultation with Heads of Divisions participating in the PCard Program, to ensure adequate controls are incorporated into the PCard approval process to detect inappropriate authorization and minimize the risk of unauthorized alterations to purchase logs.

6.         City Council request the Treasurer, in consultation with Heads of Divisions participating in the PCard Program, to ensure that cardholder reconciliation of purchase logs with PCard system records is consistently implemented.

7.         City Council request the Treasurer, in consultation with Heads of Divisions participating in the PCard program, to develop procedures whereby management staff have regular access to information on the total number and types of PCard purchases made for their office/unit.

8.         City Council request the Treasurer to ensure that PCard documents, including purchase logs and receipts, are stored in a secure manner to prevent unauthorized access.

9.         City Council request the Treasurer to undertake the necessary steps to improve effectiveness of PCard training.  Such steps should include, but not be limited to:

a.         Ensuring the training includes a review of the importance of individual roles and responsibilities in the control framework

b.         Providing refresher training where needed.

10.       City Council request the Treasurer to undertake the necessary steps to improve efficiency of the PCard process, including steps to explore the feasibility of using the PCard system to generate purchase logs for cardholders, and re-assess what information is necessary for cardholders to provide in the purchase logs.

11.       City Council request the City Manager to ensure that the Expense Claim Policy for Staff of the City of Toronto (March 10, 1998) is reviewed, updated, and made accessible to staff.

12.       City Council request the Treasurer to develop and implement measures to improve compliance with Corporate policies and procedures pertaining to business expenses.

13.       City Council request the Treasurer to develop standards or guidelines for providing food and/or beverages at staff meetings and functions.

14.       City Council request the Treasurer to undertake the necessary steps to improve cardholder compliance with Corporate purchasing policies and procedures.  Such steps should include, but not be limited to:

             a.        ensuring cardholders receive adequate training in purchasing policies and procedures

             b.        monitoring PCard purchases to identify non- compliance with purchasing policies.

15.       City Council request the Treasurer to ensure that PCard purchases are regularly monitored and analyzed to identify opportunities for blanket contract.

16.       City Council request the City Manager to review the current sundry expense policy and consider integrating the requirement to reduce the sundry expense claim when meals are provided at conferences or business meetings, or when meals are paid for by the City.

17.       City Council request the Treasurer, in conjunction with Heads of Divisions participating in the PCard program, to develop and implement procedures to reduce the number of inactive or low usage cards, and cancel inactive cards where necessary.

18.       City Council request the Treasurer to develop and implement strategies to promote and expand the use of PCards by City divisions.  Such strategies should include, but not be limited to:

a.         analyzing divisional purchasing patterns to identify potential areas for expansion

b.         developing and implementing measures to increase the use of PCards by divisions

c.         setting performance goals for the City based on the number of participating divisions and yearly PCard purchase volume.

19.       City Council request the Treasurer to ensure adequate contract review and management practices for the PCard program including:

a.         a thorough review of the contractual terms and rebate rates and volume tiers

       b.        retaining a copy of the final contract.

20.       City Council request the Treasurer, in conjunction with Heads of Divisions  participating in the PCard program, to develop a long term strategy for continuous improvement of the PCard program including:

              a.        establishment of a City-wide User Group

              b.       regular reviews and updates of policies and procedures.

21.       City Council request the Auditor General, in consultation with the Director, Internal Audit Division, to conduct random checks of PCard transactions, and report back to the Audit Committee for its July 2010 meeting on his findings and any further action needed.

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

1.         City Council require the City Manager to fully address the recommendations relating to hiring contained in the Bellamy Report.  The Executive Director of Human Resources also be required to ensure that the quality control of hiring files include a monitoring process to address the Bellamy recommendations.

2.         City Council request the Executive Director of Human Resources to take steps to implement the action plans related to employment equity contained in the Toronto Public Service People Plan 2008 - 2011.  The action plans to provide specific deliverables as well as a time frame for such deliverables.  Regular progress reports be provided to City Council.  In developing its specific plans, the Executive Director of Human Resources consult with the Toronto Police Services as well as other appropriate employers in order to ensure that its action plans represent best practices.

3.         City Council request the Executive Director of Human Resources to ensure the City’s external recruitment strategy includes outreach to diverse community groups.  Evidence of such activities be documented in the files.

4.         City Council request the City Manager, in consultation with the City unions, to give priority to the development of a workplace survey for union staff.  Such a survey be consistent with the non-union workforce survey.  The results of the survey be reported to City Council and be used as a basis for addressing the City’s employment equity hiring goals.

5.         City Council request the Executive Director of Human Resources, in consultation with the City Solicitor, to evaluate the feasibility, benefits and risks of adopting a City-wide Corporate hiring policy.

6.         City Council request the Executive Director of Human Resources to direct all staff to complete the appropriate screening documentation for all employee applicants.  All such documentation be retained in hiring files.

7.         City Council request the Executive Director of Human Resources to direct all staff involved in the hiring process that documentation relating to conflict of interest declarations be completed and retained.

8.         City Council request the Executive Director of Human Resources to direct all staff involved in the hiring process to ensure that there is an adequate level of documentation in all hiring files to support hiring decisions.  Such documentation is critical in any potential hiring dispute.

9.         City Council request the Executive Director of Human Resources to direct all staff involved in the hiring process to follow and comply with City policies on employment references.

10.       City Council request the Executive Director of Human Resources to direct all staff to ensure that a fully executed copy of the current employment agreement is obtained and retained in the employee’s Corporate human resources file. 

11.       City Council request the Executive Director of Human Resources to develop Corporate standards which requires the written evaluation of newly hired non-union City employees during the six-month probationary period.

12.       City Council request the Executive Director of Human Resources to develop a hiring benchmark to measure the time required to complete the hiring process for non-union employees and monitor the performance of each hiring unit against the established benchmark.  The Division evaluate the current hiring process to determine where “bottlenecks” in the process occur.  Steps be taken to address these areas.

13.       City Council request the Executive Director of Human Resources to review the current extent and timing of quality reviews of hiring files.  Consideration be given to conducting a certain number of such reviews on current open hiring files.

14.       City Council request the Executive Director of Human Resources to ensure all current and new divisional hiring supervisors and managers attend the “Basics of Staffing” training course.

15.       City Council request the Executive Director of Human Resources to review acting assignments to ensure such assignments comply with Corporate policy.  The Executive Director of Human Resources review the documentation requirements for acting assignments of non-union employees to ensure Corporate records include written documentation detailing the terms and conditions of acting assignments. 

16.       City Council request the City Manager to forward this report to the City’s Agencies, Boards and Commissions.  Further, the City Manager request that relevant recommendations contained in this report be implemented.

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

1.         City Council request the Chief Information Officer, in consultation with the Executive Director, Human Resources, to take steps in accordance with the “People Plan” to identify common computer skills which apply to “jobs across all divisions” to assist in the development of a training program for new and current employees.

2.         City Council request the City Manager to ensure divisional learning plans are prepared as required by the City “People Plan” and submitted to the Information and Technology Division.

3.         City Council request the City Manager to review the evaluation process relating to the effectiveness of Information and Technology training particularly in regards to the impact of enterprise-wide information and technology training for on-the-job performance as well as its impact on the City as a whole.

4.         City Council request the Chief Information Officer to develop performance indicators to measure the efficiency and effectiveness of the Information and Technology Training and Education Unit and training courses provided by the Unit.

5.         City Council request the Executive Director, Human Resources, to ensure enterprise wide courses resulting in corporate wide benefit have priority when the on-line self service system is implemented.

6.         City Council request the Chief Information Officer to implement a charge-back policy for training courses similar to the Human Resources Division policy.  The policy should charge divisions for registered employees that fail to attend courses without prior notification.

7.         City Council request the Chief Information Officer, in consultation with the Executive Director, Human Resources, to investigate the long term use of the SAP Human Resources Information System as the repository for employee training records. 

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

1.         City Council request the Deputy City Manager and Chief Financial Officer to consider assigning responsibility for hydro and natural gas accounts management to the Energy and Waste Management Office.  At the same time the reallocation of resources should be evaluated.

2.         City Council request the Deputy City Manager and Chief Financial Officer to develop a control framework to ensure the cost effective administration of hydro and natural gas invoice payments.  Such framework should include, but not be limited to the following:

             a.         clear definition of the roles and responsibilities of the Accounts Payable Unit, the Energy and Waste Management Office and City divisional managers.  The roles and responsibilities to include areas such as processing hydro and natural gas invoices, including following up on billing exceptions, dispute resolution and reporting protocols, as required

             b.        the establishment of protocols for effecting and reporting on energy metering changes, including new meter account set ups, de-activations, replacements, relocations and record keeping requirements

             c.        procedures for ensuring ongoing verification of hydro charges relating to street lighting by a staff person familiar with the operations

             d.        requirements for the Energy and Waste Management Office to communicate energy consumption fluctuations for divisional follow-up as required.

3.         City Council request the Deputy City Manager and Chief Financial Officer to review and make appropriate revisions to Accounting Services’ Cost Centre Billing Procedure to include the revised utility payment control framework.

4.         City Council request the Executive Director, Facilities and Real Estate, to take appropriate steps to ensure the Energy and Waste Management Office maintains a complete and accurate database on all hydro and natural gas meters billable to City divisions.  The database be updated as required.

5.         City Council request the City Manager to assign one City unit responsibility for developing and implementing a process for updating and verifying street lighting related hydro costs.

6.         City Council request the Executive Director, Facilities and Real Estate, to take necessary steps to complete, on a sample basis, ongoing recalculations of major hydro and natural gas bills for accuracy and consider using the specific software currently used by the TTC.

7.         City Council request the Executive Director, Facilities and Real Estate, to ensure that identified energy billing anomalies are promptly analyzed and satisfactorily resolved with the provider on a timely basis.  Further, a system be developed to track outstanding refund requests.

8.         City Council request the Executive Director, Facilities and Real Estate, to take appropriate steps to expedite enrolment in the consolidated billing services plan all hydro invoices, and request from Toronto Hydro data in a format that facilitates input to the Energy and Waste Management Office’s energy meter database.

9.         City Council request the Executive Director, Facilities and Real Estate, to take appropriate steps to minimize duplication of energy consumption review efforts performed by City staff on behalf of City agencies such as the TTC and the Toronto Community Housing Corporation.

10.       City Council request the Deputy City Manager and Chief Financial Officer to assign responsibility for the management of cable television services.  The specific responsibilities include:

              a.       the renegotiation of a corporate cable television service discount plan for all users

              b.       the maintenance of an inventory of cable television plans

              c.       rationalization of such cable television plans commensurate with requirements.

11.       City Council request the City Manager to forward this report to the City’s major agencies, boards and commissions in order to ensure that the issues raised in this report are addressed by them where appropriate.

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

1.         City Council receive for information, the Auditor General’s 2010 Audit Work Plan.

2.         City Council request the Auditor General to:

              a.       consider adding to his 2010 Work Plan, a review of the most recent Wheel Trans contract awarded by the Toronto Transit Commission; and

              b.       consider reviewing the following, as part of his Review of Red Light Camera Operations:

i.          the average fine applied by Justices of the Peace on a guilty plea;

ii          the average fines for guilty pleas on police-issued tickets for running red lights as compared to guilty pleas for red light camera offences; and

iii.        the number of red light camera offences that are withdrawn.

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

1.         City Council receive for information, the 2008 audited financial statements of Scadding Court Community Centre.

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

1.         City Council receive for information, the 2008 audited financial statements of Leaside Memorial Community Gardens Arena.

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

1.         City Council approve an increase of $165.0 thousand gross and $0.0 net to Toronto Public Health’s 2010 Operating Budget to reflect confirmed 2010 funding from the Heart and Stroke Foundation of Canada, the lead agency for Coalitions Linking Action and Science Prevention (CLASP) funding.

2.         City Council authorize the Medical Officer of Health to award, execute and amend a Purchase of Service contract with Urban Design 4 Health, Inc. for research services on the Built Environment and Health Project.

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

1.         City Council approve an increase of $93.0 thousand gross and $0.0 net to Toronto Public Health’s 2010 Operating Budget to reflect confirmed 2010 funding from the Ontario Ministry of the Environment, the lead agency for disbursing Natural Resources Canada funding to members of the Ontario Regional Adaptation Collaborative.

2.         City Council authorize the Medical Officer of Health to award, execute, and amend Purchase of Service contracts with Dr. Claus Rinner of Ryerson University, Dianne Patychuk of Steps to Equity, and Dr. Kate Bassil of Simon Fraser University for research and geospatial analysis services on the heat vulnerability mapping project.

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

1.         City Council appoint the candidate listed in Confidential Attachment 1 to the Board of Health for a term commencing upon approval by Council and ending on November 30, 2010, and until a successor is appointed.

2.         City Council request that the City Clerk make the appointee's name public once appointed by Council and the appointee has been notified.

3.         City Council identify the candidate listed in Confidential Attachment 2 as an alternate for the Civic Appointments Committee to consider for appointment to the Board of Health should a vacancy arise.

4.         City Council direct that the alternate’s name remain confidential until appointed as a member, under Council’s Public Appointments Policy.

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

1.         City Council appoint Jim McMillen (Honourary President), Brian Ashton (First Vice-President) and Jasmine Jackman (Second Vice-President) to The Board of Governors of Exhibition Place for a term of office expiring on October 21, 2010, the date of the CNEA Annual Meeting of the Association, or until their successors are duly appointed.

The Confidential Attachment to the letter (January 26, 2010) from the City Clerk remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains personal information about an identifiable individual being considered for appointment to the Board of Governors of Exhibition Place.

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

1.         City Council support the full vision (direction and scope) of the Charles Pascal Report, which articulates strong municipal responsibility for systems planning, system management and governance through an accountability framework with the province for services from prenatal to 12 years of age.

2.         Given expertise within the City of Toronto as manager of the second largest child care system in Canada, and in the spirit of the Toronto-Ontario Cooperation and Consultation Agreement (T-OCCA) and stated positions and priorities of the Ontario Municipal Social Services Association (OMSSA), City Council authorize staff to support and assist Provincial ministries in development and implementation of the Early Learning Program (ELP).

3.         Notwithstanding a phased in implementation, City Council request that the Province of Ontario confirm by February 2010 its intent to move forward with the full vision for the ELP, and reaffirm the role of municipalities in service system management.

4.         City Council reaffirm the importance of families having centralized access to subsidies and encourage the Province to recognize the City as the one centralized subsidy administrator for families accessing children’s services in Toronto.

5.         City Council request that the Province of Ontario provide all necessary tools to support the transition to an ELP and ensure that the child care system remains stable and sustainable. These tools and processes should include, but are not limited to:

i.          detailed implementation plans and processes;

ii.         a supportive implementation framework that includes:

-           simplified and more flexible funding formulas that enable base funding of programs affected by implementation of ELP;

-           necessary regulation changes; and

-           clarified roles and responsibilities;

iii.        transitional funding for capital and operating expenses in the 2010 Provincial Budget;

iv.        inclusion of planning and associated resources for Ontario Early Years Centres (OEYCs) under the municipal system management formula with a view to integrating services into a single system; and

v.         creation of an inter-ministerial policy and implementation table to address the full range of implementation issues.

6.         City Council direct City staff, in consultation with community partners, to develop criteria for supporting child care programs impacted by the introduction of ELP; such criteria to be based on Service Planning principles, program quality and cost effectiveness.

7.         City Council direct staff to put in place a joint process with the Boards of Education, that includes consultation with community stakeholders, to address implementation and operational issues.

8.         City Council request the Province of Ontario to ensure that the provincial funding formula provides sufficient funding to maintain existing service levels of 24,000 child care subsidies, recognizes cost of living and other legitimate increases in operating costs, and ensures program quality and adequate qualified staffing.

9.         In the event that the Province does not confirm the vision and  municipal role for ELP by the end of February 2010, transitional funding for early learning, and a strategy to address the end of Best Start funding by the time of the Provincial budget in 2010, City Council direct City staff to develop contingency plans for gradual child care service level reduction of 2,000 subsidies by 2011 and 3,000 by 2012, such plans to be based on client attrition and respect the principles of the Service Plan, such as age and geographic equity.

10.       City Council request the General Manager, Children’s Services, to report back mid year on implementation of ELP and strategies for addressing fiscal challenges, including strategies to ensure sufficient funding in the base budget to cover the actual cost of the City's 20% share of child care subsidies.

11.       City Council request that the Government of Canada recognize the national importance of sustainable child care and restore the National Child Care Plan, and as part of its Spring Budget, provide the resources required to stabilize child care nationally.

12.       City Council request the General Manager, Children’s Services, to communicate the information contained in this report to interested stakeholders and community partners.

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

1.         City Council receive, for information, the report (December 15, 2009) from the City Solicitor.

2.         Confidential Attachment 1 to the report (December 15, 2009) from the City Solicitor remain confidential as it contains information subject to solicitor-client privilege and to litigation or potential litigation, including matters before administrative tribunals, affecting the City or a local board.

Confidential Attachment 1 to the report (December 15, 2009) from the City Solicitor, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and is related to litigation or potential, including matters before administrative tribunals, affecting the City or local board.

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

1.         City Council approve a grant of up to $6,000 to the tenants’ association of 200 Roehampton Avenue from the 2009 Tenant Support Grants Program to assist the tenants towards any payment of costs for legal assistance.

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

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

1.         City Council endorse the recommendation of the Board of Health requesting the provincial government to raise social assistance rates based on the real cost of healthy living, including nutritious food, and indexed annually to reflect inflation.

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

1.         City Council and staff continue to work collaboratively with the partners of 'Strength in Services: A Summit on Transforming Service Jobs' (Martin Prosperity Institute, Institute for Competitiveness and Prosperity, Intergovernment Committee for Economic and Labour Force Development) to emphasize the importance of the service sector in stimulating the economy in Toronto and the region.

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

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

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

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

1.         City Council approve the amendments to Municipal Code Chapter 19, Business Improvement Areas (BIAs), in relation to Council appointments to BIA Boards, proxy voting and minor boundary expansion consents, as described in the report (December 3, 2009) from General Manager, Economic Development, Culture and Tourism.

2.         City Council direct the City Solicitor to amend Municipal Code Chapter 19 in accordance with Attachment 1 of the report (December 3, 2009) from the General Manager, Economic Development, Culture and Tourism, subject to any necessary minor substantive or stylistic refinements as may be identified by the General Manager and the City Solicitor.

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

1.         City Council approve additions and deletions to the Junction Gardens, Oakwood Village and Uptown Yonge Business Improvement Area (BIA) Boards of Management as set out in Attachment 1 of the report (December 4, 2009) from General Manager, Economic Development, Culture and Tourism.

2.         City Council amend Schedule A of the Municipal Code Chapter 19, Business Improvement Areas (BIAs), to reflect changes to the BIA Board of Management. 

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

1.         City Council designate the area described by Attachment 1 (Maps 1 to 3) of the report (December 4, 2009) from General Manager, Economic Development, Culture and Tourism, as the Baby Point Gates Business Improvement Area (BIA), under Chapter 19 of the City of Toronto Municipal Code.

2.         City Council authorize and direct the City Clerk to send out a notice of Council’s intention to pass a by‑law designating the area described by Attachment 1 (Maps 1 to 3) of the report (December 4, 2009) from General Manager, Economic Development, Culture and Tourism as a Business Improvement Area (BIA), in accordance with Chapter 19 of the City of Toronto Municipal Code.

3.         City Council request the Executive Director of Technical Services to prepare designation by‑law maps of the area as described by Attachment 1 (Maps 1 to 3) of the report (December 4, 2009) from General Manager, Economic Development, Culture and Tourism, and submit them to the City Solicitor. 

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

1.         City Council authorize the Director of Real Estate to negotiate to acquire the property requirements listed in Appendix A of the report (December 16, 2009) from the Chief Corporate Officer, which are revised property requirements for certain of the properties previously approved by Council at its meeting held on August 5 and 6, 2009, as required to accommodate a change to the designs of the Dufferin Station Modernization Project and to initiate expropriation proceedings, where necessary.

2.         City Council authorize the Director of Real Estate to serve and publish Notices of Application for Approval to Expropriate the required property interests identified in Appendix A of the report (December 16, 2009) from the Chief Corporate Officer, to forward any requests for hearing that are received to the Chief Inquiry Officer, to attend the hearings in order to present the City’s position, and to report the Chief Inquiry Officer’s recommendations back to City Council for its consideration.

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

1.         City Council authorize the City to accept the Offer to Sell from the owners of 30 Churchill Avenue, Phyllis Dagys and Arlene Dagys (the “Owners”), on the terms outlined in Appendix “A” and confidential Attachment 1 to the report (December 16, 2009) from the Chief Corporate Officer.

2.         City Council authorize the City to accept the Offer to Sell from the owners of 31 Churchill Avenue, Timothy Winthrop Pellew and Margaret Richmond Pellew (the “Owners”), on the terms outlined in Appendix “C” and confidential Attachment 2 to the report (December 16, 2009) from the Chief Corporate Officer.

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

4.         City Council authorize the public release of the confidential information in Attachments 1 and 2 of the report (December 16, 2009) from the Chief Corporate Officer once these transactions have closed.

5.         City Council authorize the City Solicitor to complete the transaction on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

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

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

1.         City Council, as approving authority under the Expropriations Act, approve the expropriation of the property interests set out in Appendix “A1” of the report (December 16, 2009) from the Chief Corporate Officer, (the Properties”) for the Sheppard Avenue East Grade Separation.

2.         City Council, as expropriating authority under the Expropriations Act, authorize all necessary steps to comply with the Expropriations Act, including but not limited to, the preparation and registration of an Expropriation Plan and the service of Notices of Expropriation, Notices of Election as to a Date for Compensation and Notices of Possession.

3.         City Council authorize the Director of Real Estate or the Executive Director of Facilities and Real Estate to sign the Notices of Expropriation and Notices of Possession on behalf of the City.

4.         Leave be granted for introduction of the necessary Bill in Council to give effect thereto.

5.         City Council authorize the public release of the confidential information contained in Attachment 1 of the report (December 16, 2009) from the Chief Corporate Officer once there has been a final determination of the compensation payable for the Properties by arbitration, appeal or settlement to the satisfaction of the City Solicitor.

6.         City Council authorize the amendments to the property requirements, as set out in Appendix “B1” of report (December 16, 2009) from the Chief Corporate Officer, for which the authority to initiate expropriation proceedings was previously approved by Council at its meeting held on October 29 and 30, 2008.

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

1.         City Council authorize a Lease Extension and Amending Agreement with Trustees of the Congregation of Revivaltime Tabernacle (the “Landlord”) to lease approximately sixty (60) parking spaces (the “Demised Area”) located on the south side of the building municipally known as 4340 Dufferin Street, commencing on November 1, 2009 and expiring on October 31, 2014, substantially on the terms and conditions as set out in Appendix “A” attached to the report (December 16, 2009) from the Chief Corporate Officer, and on such other terms and conditions as approved by the Chief Corporate Officer, or his or her designate, and in a form acceptable to the City Solicitor.

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

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

1.         City Council authorize entering into a Lease Renewal Agreement with Ministerial Associates Inc., for a two (2) year term based on the terms and conditions set out in Appendix “A” of the report (December 16, 2009) from the Chief Corporate Officer, and other terms and conditions acceptable to the Chief Corporate Officer, and in a form acceptable to the City Solicitor.

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

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

1.         City Council authorize the Licence agreement to be entered into with Rowbry Holdings Ltd., substantially on the terms and conditions as set out in Appendix A  of the report (December 16, 2009) from the Chief Corporate Officer, together with such other terms and conditions as may be deemed appropriate by the Chief Corporate Officer and in a form approved by the City Solicitor.

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

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

1.         City Council grant authority to staff to amend contract number 47012986 with Zoll Medical Canada Inc. for proprietary cardiac monitor/defibrillator consumable supplies and operating accessories currently in the amount of $2,132,000.00 net of GST by $1,500,000.00 net of GST to $3,632,000.00 net of GST and extend the contract validity period from December 31, 2009 through to December 31, 2011.

2.         City Council grant authority to staff to amend contract number 47012798 with Zoll Medical Canada Inc. for proprietary cardiac monitor/defibrillator maintenance service and repairs currently in the amount of $214,000.00 net of GST by $225,000.00 net of GST to $439,000.00 net of GST and extend the contract validity period from December 31, 2009 through to December 31, 2011.

3.         City Council forward this report to the Budget Committee for consideration.

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

1.         City Council grant authority  to increase  Contract No. 47012285 with 4-Office Automation Ltd. by $1,500,000.00 net of GST from $4,824,117.37 net of GST to a  revised total not to exceed $6,324,117.37 net of GST and to extend the contract end date from December 31, 2009  to December 31, 2013 with the option to renew for an additional one (1) or two (2) year periods all in accordance with the current legal agreement  which will allow the Divisions to maintain their current photocopier rental agreements of 36 or 48 month periods for units rented during the period of October 1, 2007 through to December 31, 2009 and to allow the Divisions to continue to purchase consumables for the facsimile equipment received on this contract only until such time as a new RFQ for consumables has been awarded in 2010.

2.         City Council grant authority to increase Contract No. 47013004 with Ricoh Canada Inc. by $500,000.00 net of GST  from $1,231,578.95 net of GST to a revised total not to exceed $1,731,578.95 net of GST  and to extend the contract end date from December 31, 2009 to December 31, 2013 with the option to renew for an additional one (1) or two (2) year periods all in accordance with the current legal agreement which will allow the Divisions to maintain their current photocopier rental agreements of 36 or 48 month periods for units rented during of October 1, 2007 through to December 31, 2009.

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

1.         City Council approve the extension and amendment of the existing sole source contract with Bentley Systems Incorporated under Bentley’s Enterprise License Subscription for a period of three years (commencing January 1, 2010 and expiring December 31, 2012) at a cost not to exceed $631,750 in 2010, $673,312.50 in 2011 and $716,478 in 2012 for a total of $2,021,540.50 (net of GST) over three years.

2.         City Council authorize the Executive Director of Technical Services and the Executive Director of Information and Technology to negotiate and execute the amending agreement satisfactory with the City Solicitor respecting the Enterprise License Subscription Program with Bentley Systems, Incorporated for a term of three years.

3.         City Council authorize the Executive Director of Technical Services to invoice Toronto Hydro Electric System Limited and the Toronto Transit Commission for their proportionate share of the Bentley’s Enterprise License Subscription for a period of three years.

4.         City Council authorize and direct the appropriate City Officials to take the necessary action to implement the foregoing.

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

1.         City Council grant authority to amend Sole Source Purchase Order 6028188 to Impact Cleaning Services Inc. for the supply of contract cleaning services at Union Station from $442,857.00 net of GST by the amount of $704,000.00 net of GST to a revised total value of $1,146,857.00 net of GST and also extend the expiry date to May 31, 2010.

2.         City Council refer the possibility of pursuing contracting-in of cleaning services at Union Station to the Contracting-in Review Committee established by the CUPE Local 79 Full-Time Agreement and the Committee be directed to meet in order to consider the matter prior to the award of the RFP.

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

1.         City Council authorize the necessary amendments to Municipal Code Chapter 217, Records Corporate (City), to allow the designation of existing business units as the holders of the authoritative or master copies for classes of records, where applicable, such designation to be indicated as an ”office of primary interest” as defined in Appendix 1 of the report (December 4, 2009) from the City Clerk.

2.         City Council approve the revisions to the records series schedule as noted in Appendix 2 and adding the new record series detailed Appendix 3 of the report (December 4, 2009) from the City Clerk.

3.         City Council repeal record retention by-laws of former municipalities as set out in Appendix 4 of the report (December 4, 2009) from the City Clerk.

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

1.         City Council support the efforts made by the Society of Portuguese Disabled Persons Building Fund (“The Society”) to obtain private legislation that would provide an exemption from property taxes for the property it owns at 2295 St. Clair Avenue West.

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

1.         City Council amend the City of Toronto Municipal Code, Chapter 545, Licensing, to remove the requirement for coffee truck drivers who drive City licensed mobile catering (coffee truck) vehicles to be licensed by the City.

2.         City Council amend the City of Toronto Municipal Code, Chapter 545, Licensing, to require that licensed coffee truck owners ensure that the drivers of Toronto licensed coffee trucks be trained and certified as food handlers in a manner satisfactory to Toronto Public Health.

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

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

1.         City Council receive the report (December 14, 2009) from the Executive Director, Municipal Licensing and Standards for information only.

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

1.         City Council amend the City of Toronto Municipal Code, Chapter 441, Fees to change the fee for inspection services to reflect a $94.00 one-hour minimum with additional hours charged at a rate of $55.00 per hour or part thereof, per Municipal Standards Officer, per inspection where by-law violations have not been remedied beyond the date of compliance set out in any Order or Notice of Violation issued by a Municipal Standards Officer.

2.         City Council request the Executive Director, Municipal Licensing and Standards, to report to the appropriate committee on any necessary adjustments to the Re-inspection fee arising out of the Multi-Residential Apartment Building Strategy.

3.         City Council direct the City Solicitor to prepare the necessary bill to give effect to Recommendation 1 in this report.

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

1.         City Council strongly support the Private Member's Bill 238 - An Act to Amend the Liquor Licence Act with Respect to Weapons on Licensed Premises tabled by MPP Mike Colle; and

2.         City Council direct the City Clerk to relay this information to the Government of Ontario and the leaders of the Progressive Conservative Party of Ontario and the New Democratic Party of Ontario.

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

1.         City Council approve the revised Off-Leash Policy with amendments outlined in bold print, in Attachment 1 in the report (December 16, 2009) from the General Manager, Parks, Forestry and Recreation, subject to any necessary minor substantive, or stylistic refinements as may be identified by the General Manager and with the following amendments:

a.         continue the provision for dog owners' associations in the policy for off-leash applications and appeal mechanism;

b.         if the Parks, Forestry and Recreation Division deems a site suitable where no dog owner association exists, the Parks and Environment Committee can waive the provision for a dog owner's association; and

c.         adding the words 'burial grounds' to the section on Off-Leash Area Exclusions in Attachment 1 in this report.

2.         City Council direct the City Solicitor to make the corresponding amendments to Municipal Code Chapter 608 - Parks to implement the revisions to the Off-Leash Policy, as outlined in Attachment 2 to the report (December 16, 2009) from the General Manager, Parks, Forestry and Recreation, subject to any necessary minor substantive or stylistic refreshments as may be identified by the General Manager and the City Solicitor.

 3.        City Council request the General Manager, Parks, Forestry and Recreation to include in her annual report, the number and nature of by-law violations which have occurred.

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

1.         City Council recognize the Trillium Ferry Boat's 100th Anniversary by proclamation.

2.         City Council request the General Manager, Parks, Forestry and Recreation, in partnership with the Chief of Protocol and Heritage Toronto, to organize an official celebration of this important historic occasion.

3.         City Council request the General Manager, Parks, Forestry and Recreation to seek private sector donations and/or sponsorships to cover the estimated $4,000-5,000 cost for the official celebration commemorating the Trillium Ferry Boat's 100th Anniversary, such donations and/or sponsorships to be consistent with the City of Toronto's Donation Policy.

4.         City Council request staff to work with interested parties to plan the celebration, including Mike Filey, Toronto's unofficial historian, the Polson Family and Gordon Champion, the engineer responsible for the restoration.

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

1.         City Council convey to Metrolinx, in advance of the January 31, 2010 deadline for public comments, that a City of Toronto park is not a suitable location for an air monitoring station, and as such, request Metrolinx to select alternate locations for stations they had planned to install in City parks.