City of Toronto Logo Contents

Considered by City Council on
August 25, 2010
August 26, 2010
August 27, 2010



Executive Committee


Meeting No. 46   Contact Patsy Morris, Committee Administrator
Meeting Date Monday, August 16, 2010
  Phone 416-392-9151
Start Time 9:30 AM
  E-mail exc@toronto.ca
Location Committee Room 1, City Hall
  Chair   Mayor David Miller  

Item  

EX46.1 Appointment of Members to the Compliance Audit Committee (Ward: All)  

EX46.2 Proposal to Establish an Office of Independent Counsel and the Use of Grant Making Powers for Members' Legal Expenses (Ward: All)  

EX46.3 Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions (Ward: All)  

EX46.5 Build Toronto - Annual General Meeting and Audited Annual Financial Statements (Ward: All)  

EX46.6 Start-Up Financing for Build Toronto (Ward: All)  

EX46.7 Invest Toronto - Annual General Meeting and Audited Annual Financial Statements (Ward: All)  

EX46.8 Toronto Port Lands Company - Annual General Meeting and Audited Annual Financial Statements (Ward: All)  

EX46.9 Enwave Energy Corporation - Contractual Issues (Ward: All)  

EX46.10 Composition of Board of Directors of Toronto Community Housing Corporation (Ward: All)  

EX46.11 Appointment of Chair, Toronto Hydro Corporation (Ward: All)  

EX46.13 Personal Vehicle Tax - Refund Policy: Feasibility of Additional Refinements (Ward: All)  

EX46.15 Establishing Positions of Construction "Project Lead" for Capital Projects (Ward: All)  

EX46.17 450 Pape Avenue: Potential for Acquisition for Housing (Ward: 30)  

EX46.18 Home Ownership Assistance Program Recommendations for 395 New Homes from Request for Expressions of Interest No. 9155-10-7150 (Ward: 15, 29, 35, 36, 44)  

EX46.19 Amendment to the User Fee Schedule for Golf Fees (Ward: All)  

EX46.20 Operation of Centennial Park Ski/Snowboard Centre and North York Ski/Snowboard Centre (Ward: 3, 10)  

EX46.21 Status Report - 2009 Access, Equity and Human Rights (AEHR) Achievements (Ward: All)  

EX46.22 2010 - 2011 Recipient of City of Toronto Undergraduate Scholarship in Women's Studies at the University of Toronto (Ward: All)  

EX46.23 Request from the St. Lawrence Centre for the Performing Arts to Extend its Loan Agreement with the City (Ward: 28)  

EX46.24 Budgetary and Financial Management Approval Process and Protocols for the TTC (Ward: All)  

EX46.25 In Year Budget Adjustment for Economic Stimulus Renewable Energy Investments in Social Housing: Shelter, Support and Housing Administration (Ward: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41)  

EX46.26 Customer Service Strategy for Special Events-related Services and Permitting Processes (Ward: All)  

EX46.27 186 Bartley Drive - Update on Confidential Agreement (Ward: 34)  

EX46.28 Property Taxes: 2011 Interim Levy By-Law (Ward: All)  

EX46.29 Emery Village Business Improvement Area (BIA) - Monumental Flagpole and Public Square Project (Ward: 7)  

EX46.30 Proposed Amendment to the City of Toronto Municipal Code, Chapter 591, Noise, Regarding the TTC's Transit City and Toronto York Spadina Subway Extension (TYSSE) Construction Initiatives (Ward: All)  

EX46.31 Renewal of Artscape Capital Loan Guarantees for the Distillery District Studios and the Wychwood/Green Arts Barn (Ward: All)  

EX46.32 Port Lands Sports Centre Project (Ward: 30)  

EX46.33 Staff Review of Waterfront Toronto's Proposed Sale and Lease of City Lands for Waterfront Revitalization - Bayside (Ward: 28)  

EX46.34 Administrative Amendments to Reserve Fund Accounts - 2010 (Ward: All)  

EX46.35 Climate Change Risk Assessment Process and Tool (Ward: All)  

EX46.36 School Lands Property Acquisition Framework and Funding Strategy Follow-up Report (Ward: All)  

EX46.37 Strategies for Arts and Culture Funding (Ward: All)  

EX46.38 Delegation of Authority During Extended Council Recess (Ward: All)  

EX46.39 2009 Final Year-End Capital Variance Report and Capital Variance Report for the Four Months Ended April 30, 2010  

EX46.40 2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months Ended May 31, 2010 (Ward: All)  

EX46.41 2011 Interim Water and Wastewater Service Rates (Ward: All)  

EX46.42 Proposed 2011 Interim Solid Waste Rates (Ward: All)  

EX46.43 AOCC Settlement of Operating Results for Year 2008 (Ward: All)  

EX46.44 Facilities Management 2010 Capital Budget and Plan Adjustments  

EX46.45 Toronto Fire Services (TFS) 2010 Capital Project to Replace Firefighter Bunker Suits (Ward: All)  

EX46.46 Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed (Ward: All)  

EX46.47 Donation Fund – 2010 In-Year Budget Adjustments, Animal Services (Ward: All)  

EX46.48 Toronto Police Service: 2010 Capital Budget Variance Report Period Ending March 31, 2010  

EX46.49 Acquisition of Toronto District School Board's 80 Lothian Avenue Site (Ward: 5)  

EX46.50 Expansion of the Children in Need of Treatment (CINOT) Dental Program – 2010 Funding (Ward: All)  

EX46.51 The Vienna Declaration  

EX46.52 Agreement with Clarity Outdoor Media Inc. for Existing Strachan Outdoor Billboard Sign  

EX46.53 Lease for the Queen Elizabeth Fountain Dining Room  

EX46.54 TTC Special Constable Services  

EX46.57 Facilities Management 2010 Capital Budget Adjustments - 375 University Ave. Leasehold Improvements - Parking Application  

EX46.58 Amendment to Purchase Order 6029461 - For the Pre Construction and Construction Services for the Nathan Phillips Square Revitalization Project (Ward: 27)  

EX46.59 Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts (Ward: 35, 36, 37, 38, 39, 40, 41, 42, 43, 44)  

EX46.60 Toronto Water 2010 Capital Budget Cashflow Reallocations (Ward: All)  

EX46.61 Economic Development and Culture: Capital Plan Adjustment - Fort York Visitor Centre (Ward: All)  

EX46.62 Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement (Ward: All)  

EX46.63 Toronto Public Health 2010 Budget Adjustment for Low Income Dental Program (Ward: All)  

EX46.64 Creation of ChemTRAC Toxics Reduction Grants Program Through Live Green Toronto (Ward: All)  

EX46.65 Authority to Negotiate and Enter into a Sole Source Agreement for Repairs and New Construction at the Dufferin Organics Processing Facility (Ward: All)  

EX46.66 Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments (Ward: All)  

EX46.67 Toronto Community Housing's Follow Up Response  

EX46.68 Enrolment of Union Station Stand-by Generators in the Ontario Power Authority Demand Response 3 Program (Ward: 28)  

EX46.69 Kilometrage Reimbursement for the Use of Personal Vehicles for City Business (Ward: All)  

EX46.70 Occupational Health and Safety Report - First Quarter, 2010 (Ward: All)  

EX46.71 Police Reference Checks for Prospective Employees for Shelter, Support and Housing Administration Division (Ward: All)  

EX46.72 Authority to Reallocate Capital Funding within Yonge-Dundas Square 2010 Approved Capital Budget to Allow Federal Infrastructure Project for Yonge-Dundas Square to Proceed  

EX46.73 Various Agreements regarding the new Regent Park Community Centre, Aquatic Centre and Children and Youth Hub (Ward: 28)  



City of Toronto Logo Committee Report

Considered by City Council on
August 25, 2010
August 26, 2010
August 27, 2010



Executive Committee



EX46.1

 

Adopted on Consent 

 

Ward: All 

Appointment of Members to the Compliance Audit Committee
City Council Decision

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. 

————
Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees
Committee Recommendations

The Executive Committee recommends that:

 

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 Council for approval.

 

Origin
(July 22, 2010) Report from the City Manager
Summary

This report recommends the appointment of persons to comprise the Compliance Audit Committee for the 2010 – 2014 term of City Council.

Background Information (Committee)
Appointment of Members to the Compliance Audit Committee
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32851.pdf)

Appointment of Members to the Compliance Audit Committee - May 31, 2010 Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32852.pdf)


EX46.2

 

Adopted 

 

Ward: All 

Proposal to Establish an Office of Independent Counsel and the Use of Grant Making Powers for Members' Legal Expenses
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that City Council receive the report (June 1, 2010) from the City Manager, for information.

Origin
(June 1, 2010) Report from the City Manager
Summary

This report responds to Executive Committee’s motion with respect to establishing an Office of Independent Legal Counsel.   The City Manager has reviewed the proposal and does not recommend establishing a separate office for this purpose.  Processes and policies are already in place to enable City Council and Members to seek external legal advice on all matters related to City business.

 

This report also responds to Executive Committee's motion with regard to developing a Policy for Council to use its grant making powers to reimburse legal expenses of Members in particular circumstances.

Background Information (Committee)
Proposal to Establish an Office of Independent Counsel and the Use of Grant Making Powers for Members' Legal Expenses
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-31996.pdf)

Appendix A: Directions Related to the Proposal to Establish an Office of Independent Counsel
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-31995.pdf)


EX46.3

 

Amended 

 

Ward: All 

Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions
City Council Decision

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 Decision Advice and Other Information

City Council recessed its public session and met as Committee of the Whole in closed session on August 25, 2010, and considered confidential information on this Item as it contains advice or communications that are subject to solicitor-client privilege and it concerns litigation affecting the City.

————
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Committee Recommendations

The Executive Committee submits this matter to City Council without recommendation.

Committee Decision Advice and Other Information

The Executive Committee requested Counsel to submit a Confidential Report directly to City Council on August 25, 2010 on the issues raised in closed session.

Origin
(August 11, 2010) Report from the City Solicitor
Summary

The purpose of this report is to advise the Executive Committee of the Divisional Court decision, dated July 19, 2010, in respect of various resolutions of Council for the payment of legal expenses for compliance audits and defamation actions and to submit a communication from external counsel seeking instructions as to further steps in the matter.

Background Information (Committee)
(August 11, 2010) Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation Actions
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33028.pdf)

(August 11, 2010) Attachment 1: Divisional Court Decision
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33029.pdf)

Divisional Court Decision on Payment of Legal Expenses for Compliance Audits and Defamation - Placeholder Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32854.pdf)

Background Information (City Council)
(August 23, 2010) supplementary report from the City Solicitor (EX46.3a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33334.pdf)

Public Appendix 1 headed "Proposed Amendments to the Municipal Elections Act, 1996 (MEA) and to the City of Toronto Act, 2006 (COTA), attached to the report (August 23, 2010) from the City Solicitor
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33335.pdf)

Bill, attached to motion by Mayor David Miller
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33396.pdf)

Communications (City Council)
(August 25, 2010) E-mail from Michael Binetti, Affleck Greene McMurtry LLP, to remain confidential in its entirety as it contains information related to litigation (CC.New.EX46.3.1)
Declared Interests (Committee)

The following member(s) declared an interest:

Councillor Giorgio Mammoliti - In that he is named in a lawsuit.

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Sandra Bussin - as she is named in the Item.
Councillor A.A. Heaps - as he is one of the Members of Council who went through a compliance audit.
Councillor Doug Holyday - as he is a party to the Action.
Councillor Giorgio Mammoliti - as he is one of the Members of Council who went through a compliance audit.


EX46.5

 

Adopted on Consent 

 

Ward: All 

Build Toronto - Annual General Meeting and Audited Annual Financial Statements
City Council Decision

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.

 

————
Committee Recommendations

The Executive Committee recommends that:

 

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 30th, 2010 "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.

 

Origin
(July 30, 2010) Report from the City Manager
Summary

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) for holding the 2009 annual general meeting of the shareholder of Build Toronto Inc. including receipt of audited financial statements and appointment of the auditor. This report also recommends that the City Treasurer be authorized to execute a letter of guarantee to assist Build Toronto Inc. to secure continuing participation in the Ontario Municipal Employees Retirement System (OMERS).

Background Information (Committee)
Build Toronto - Annual General Meeting and Audited Annual Financial Statements
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32858.pdf)

Attachment 1: Build Toronto 2009 Annual Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32859.pdf)

Attachment 2: Report of the Deputy City Manager and Chief Financial Officer dated July 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32860.pdf)

Appendix A: 2009 Audited Annual Financial Statements of Build Toronto
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32861.pdf)


EX46.6

 

Adopted 

 

Ward: All 

Start-Up Financing for Build Toronto
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

Origin
(August 3, 2010) Report from the Deputy City Manager and Chief Financial Officer
Summary

This report responds to a direction from Council that staff report annually on the amount and purpose of draws by Build Toronto ("Build") and Invest Toronto from the $10 million start-up allocation originally approved by City Council.

 

It also responds to a request from the Board of Build that the City provide additional start-up financing assistance in the form of a $200 million loan guarantee program. This report recommends approval of an agreement under which the City would guarantee loans up to a total maximum value of $160 million. This is the amount that Build has indicated will be necessary during the first five years of Build's development program.

 

Background Information (Committee)
Start-Up Financing for Build Toronto
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32863.pdf)


EX46.7

 

Adopted on Consent 

 

Ward: All 

Invest Toronto - Annual General Meeting and Audited Annual Financial Statements
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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 30th, 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 , "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.

Origin
(July 30, 2010) Report from the City Manager
Summary

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) for holding the 2009 annual general meeting of the shareholder of Invest Toronto Inc., including receipt of audited financial statements and appointment of the auditor.

Background Information (Committee)
Invest Toronto - Annual General Meeting and Audited Annual Financial Statements
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32864.pdf)

Attachment 1: Invest Toronto 2009 Annual Report dated July 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32865.pdf)

Attachment 2: Report of Deputy City Manager and Chief Financial Officer dated July 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32866.pdf)

Appendix A: 2009 Audited Annual Financial Statements of Invest Toronto
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32867.pdf)


EX46.8

 

Adopted on Consent 

 

Ward: All 

Toronto Port Lands Company - Annual General Meeting and Audited Annual Financial Statements
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(July 30, 2010) Report from the City Manager
Summary

This report recommends the actions necessary to comply with the requirements of the Business Corporations Act (Ontario) for holding the 2008 and 2009 annual general meetings of the shareholder of City of Toronto Economic Development Corporation (TEDCO) operating under the name of Toronto Port Lands Company (TPLC) including receipt of audited financial statements and appointment of the auditor.

Background Information (Committee)
Toronto Port Lands Company - Annual General Meeting and Audited Annual Financial Statements
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32868.pdf)

Attachment 1: Toronto Port Lands Company Annual Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32869.pdf)

Attachment 2: Report of the Deputy City Manager and Chief Financial Officer dated July 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32870.pdf)

(August 10, 2010) Attachment 2 - Appendix A - Consolidated Financial Statements - City of Toronto Economic Development Corporation - December 31, 2008
Attachment 3: Report of the Deputy City Manager and Chief Financial Officer dated July 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32871.pdf)

(August 10, 2010) Attachment 3 - Appendix A - Consolidated Financial Statements - City of Toronto Economic Development Corporation c.o.b. Toronto Port Lands Company - December 31, 2009
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33017.pdf)


EX46.9

 

Adopted on Consent 

 

Ward: All 

Enwave Energy Corporation - Contractual Issues
City Council Decision

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.

————
Confidential Attachment - The security of the property of the municipality or local board
Committee Recommendations

The Executive Committee recommends that:

 

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 Recommendation 2. above.

 

4.         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.

Origin
(August 10, 2010) Report from the City Manager
Summary

The purpose of this report is to obtain Council authority to resolve certain contractual issues between the City and Enwave Energy Corporation ("Enwave") including matters related to the Deep Lake Water Cooling Project (the"DLWC Project") and the Energy Transfer Agreement dated January 18, 2002 between the City and Enwave, as amended (the "ETA").  For this purpose, Council authority is sought to: (a) enter into a second Amending Agreement to the ETA with Enwave (b) provide a Consent and Acknowledgement to Integrated Private Debt Corp., or its affiliate ("IPDC"), regarding Enwave's proposed assignment of its interest in the ETA to IPDC, as collateral security for a new credit facility being negotiated between Enwave and IPDC; and, (c) enter into a Municipal Access Agreement with Enwave, all in accordance with the confidential terms and conditions contained in Confidential Attachment 1 of this report.

Background Information (Committee)
(August 10, 2010) Enwave Energy Corporation - Contractual Issues
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33042.pdf)

Enwave Energy Corporation - Contractual Issues - Placeholder Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32872.pdf)


EX46.10

 

Adopted on Consent 

 

Ward: All 

Composition of Board of Directors of Toronto Community Housing Corporation
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(July 25, 2010) Report from the City Manager
Summary

Staff of Toronto Community Housing Corporation (TCHC) have advised City staff that the TCHC Board of Directors will have before it a report concerning changes to the composition of its Board of Directors at its meeting to be held on August 6, 2010. At that time, the TCHC Board is expected to recommend that City Council change its composition. To allow time for the City Manager to consult with appropriate parties, conduct research and give due consideration to this request before making a recommendation, it is recommended that the City Manager report on this matter in the new term. If the number of Council members on the board is impacted, a report will be submitted to the Striking Committee for deferral of appointments, until the Executive Committee considers the recommendation to change the board composition.

Background Information (Committee)
Composition of Board of Directors of Toronto Community Housing Corporation
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32873.pdf)


EX46.11

 

Adopted on Consent 

 

Ward: All 

Appointment of Chair, Toronto Hydro Corporation
City Council Decision

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.

 

Confidential Attachment 1 to the report (July 22, 2010) from the City Manager is now public in its entirety and contains the name of the following person nominated 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:

 

-  Clare Copeland.

————
Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(July 22, 2010) Report from the City Manager
Summary

This report recommends the nomination for the appointment of the Chair of Toronto Hydro Corporation.

Background Information (Committee)
Appointment of Chair, Toronto Hydro Corporation
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32874.pdf)

Background Information (City Council)
Confidential information made public on September 3, 2010
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33443.pdf)


EX46.13

 

Amended 

 

Ward: All 

Personal Vehicle Tax - Refund Policy: Feasibility of Additional Refinements
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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

Origin
(August 3, 2010) Report from the Deputy City Manager and Chief Financial Officer
Summary

The purpose of this report is to respond to the City Council direction to the Deputy City Manager and Chief Financial Officer for a report on the feasibility of changing the City's Personal Vehicle Tax (PVT) refund policy to more closely resemble the Provincial vehicle registration system.  

 

Staff conclude that it is not cost-effective or appropriate for the City to implement further refinements of PVT refund (and charges) policy at this time (for the remaining months until the next renewal date). Instead, the feasibility for the PVT to more closely resemble the Provincial vehicle registration system, wherein the Province administers refunds and charges on behalf of the City, should be examined as part of the Provincial modernization project currently under development.          

Background Information (Committee)
Personal Vehicle Tax - Refund Policy: Feasibility of Additional Refinements
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32876.pdf)


EX46.15

 

Adopted on Consent 

 

Ward: All 

Establishing Positions of Construction "Project Lead" for Capital Projects
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(July 30, 2010) Report from the City Manager
Summary

Effective "Project Lead" responsibility and accountability is clearly defined for all capital projects within the public right-of-way. Of the 350 projects in 2009 valued at $300 Million, 98% were completed within budget and 75% within the scheduled year. The capital delivery process is comprised of the three distinct phases of project planning, design and construction. The most significant challenge to effective capital delivery is the ability to provide more time for an effective project planning phase to allow stakeholder consultation to finalize project scope. Staff have been working toward earlier identification of a coordinated capital works plan that in turn will allow for earlier and increased emphasis on the planning phase, resulting in successful and more predictable delivery of capital works.

Background Information (Committee)
Establishing Positions of Construction "Project Lead" for Capital Projects
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32879.pdf)


EX46.17

 

Amended 

 

Ward: 30 

450 Pape Avenue: Potential for Acquisition for Housing
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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 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.

 

3.         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.

 

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

Committee Decision Advice and Other Information

The Executive Committee requested the Deputy City Manager and Chief Financial Officer to  report directly to City Council on August 25 and 26, 2010.  on a source of City funding to support the acquisition of the site.

Origin
(June 26, 2010) Report from Sue Corke, Deputy City Manager
Summary

This report responds to a request from Councillor Paula Fletcher, Ward 30, Toronto – Danforth, to the Affordable Housing Committee on June 3, 2010 that the Director, Affordable Housing Office work with the Salvation Army and the non-profit housing sector to determine the support for and economic feasibility of converting the surplus vacant buildings and site at 450 Pape Avenue to affordable non-profit live-work housing for artists and to investigate the possibility of the acquisition of the site by the City.

 

The property at 450 Pape Avenue, at the north-west corner of Pape and Riverdale Avenue contains a historic house originally built in 1899 and a newer 1960s addition.  It has been owned by the Salvation Army since 1930 and over the years has provided space for a number of non-profit uses, most recently as a licensed rooming house to accommodate homeless men who were accommodated during the construction of the new Salvation Army Harbour Light Centre on Jarvis Street. 

 

While the City and the Salvation Army both wish to continue the use of the building and property for charitable or non-profit purposes, this report is not recommending that the City purchase the site.  The reasons for this are that given the schedule for the sale of the property it has not been possible to conduct a building assessment and property appraisal.  Furthermore there is currently no unallocated available federal/provincial affordable housing program funding to support the purchase and renovation of the property and presently no identified city funding for the acquisition. 

 

However, in recognition of the importance of the property to the community it is being recommended that Council encourage the Salvation Army to sell the property to an organization who would continue the use of the building for charitable or non-profit purposes.

Background Information (Committee)
450 Pape Avenue: Potential for Acquisition for Housing
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32881.pdf)

Background Information (City Council)
(August 24, 2010) supplementary report from Deputy City Manager, Sue Corke (EX46.17a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33301.pdf)


EX46.18

 

Adopted on Consent 

 

Ward: 15, 29, 35, 36, 44 

Home Ownership Assistance Program Recommendations for 395 New Homes from Request for Expressions of Interest No. 9155-10-7150
City Council Decision

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:

 

            a.   Habitat for Humanity Toronto Inc.

4572 Kingston Road

$290,000

            b.  Habitat for Humanity Toronto Inc.

21 Macey Avenue and 32 & 36 St. Dunstan Drive

$100,000

            c.   Habitat for Humanity Toronto Inc.

357 Birchmount Road

$80,000

            d.   Home Ownership Alternatives Non-Profit Corporation (Greater Toronto Area)

280 Donlands Avenue at Cosburn Avenue

$920,000

            e. Home Ownership Alternatives Non-Profit Corporation (Greater Toronto Area)

3180 Bathurst Street at Sarnac Boulevard

$2,560,000

 

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.

————
Committee Recommendations

 

The Executive Committee recommends that:

 

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:

 

a.          Habitat for Humanity Toronto Inc.

4572 Kingston Road

$290,000

b.         Habitat for Humanity Toronto Inc.

21 Macey Avenue and 32 & 36 St. Dunstan Drive

$100,000

c.          Habitat for Humanity Toronto Inc.

357 Birchmount Road

$80,000

d.         Home Ownership Alternatives Non-Profit Corporation (Greater Toronto Area)

280 Donlands Avenue at Cosburn Avenue

$920,000

e.         Home Ownership Alternatives Non-Profit Corporation (Greater Toronto Area)

3180 Bathurst Street at Sarnac Boulevard

$2,560,000

 

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 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

Origin
(July 26, 2010) Report from Deputy City Manager, Sue Corke and Director, Purchasing and Materials Management
Summary

This report recommends funding for five new housing developments through the City’s new Home Ownership Assistance Program (HOAP). The City’s funding will assist in making a total of 395 homes more affordable for eligible Toronto purchasers.

 

Funding and program eligibility for the Home Ownership Assistance Program was approved by Council at its recent meeting in May 2010, at which time Council requested the Deputy City Manager and the Director of Purchasing and Materials Management report directly to the August 16, 2010 Executive Committee with a list of recommended homes.

 

City officials have now completed a Request for Expressions of Interest (REOI) with HOAP funding (REOI No. 9155-10-7150). The five developments recommended for Council’s consideration represent 395 homes and are put forward by two established non-profit affordable ownership housing groups: Habitat for Humanity Toronto and Home Ownership Alternatives.

 

In the last several years the City of Toronto has become more involved in supporting non-profit developers with affordable home ownership initiatives. Enhancing affordable ownership opportunities is consistent with Housing Opportunities Toronto: An Affordable Housing Action Plan 2010-2020, as adopted by Council in August 2009. The program funding under this REOI call is an example of Council’s commitment to assisting our non-profit partners in providing affordable ownership opportunities to low- and moderate-income Toronto households.

Background Information (Committee)
Home Ownership Assistance Program Recommendations for 395 New Homes from Request for Expressions of Interest No. 9155-10-7150
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32882.pdf)


EX46.19

 

Adopted on Consent 

 

Ward: All 

Amendment to the User Fee Schedule for Golf Fees
City Council Decision

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.

————
Public Notice Given
Committee Recommendations

The Executive Committee recommends that:

 

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.

Committee Decision Advice and Other Information

The Executive Commitee held a public meeting on August 16, 2010, and notice was given in accordance with the City of Toronto Act, 2006.  No one addressed the Committee.

Origin
(July 21, 2010) Report from the General Manager, Parks, Forestry and Recreation
Summary

This staff report is to recommend a minor amendment to Chapter 441 – Fees, of the City of Toronto Municipal Code, to show user fees for golf net of taxes, and introduce a new fee option at the Humber Valley golf course for seniors and adults as a pilot to encourage more play during off-peak times.

 

The current User Fee Schedule shows golf green fees inclusive of GST (5%).  Municipal Code section 441-3 stipulates that all fees are to be stated in the User Fee Schedule net of all taxes.  Therefore, this report updates the User Fee Schedule to show Golf fees net of taxes and with a minor rounding adjustment.  The rounding adjustment has no net financial impact and accounts for the ability to charge a flat dollar fee to the public.

 

The Division is also proposing a new discounted fee at Humber Valley Golf Course to increase usage during early morning periods. A 10-round package for early morning 18-hole round will be offered at a discount for senior and adult golfers.

Background Information (Committee)
Amendment to the User Fee Schedule for Golf Fees
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32883.pdf)

Attachment 1: Golf Fees - Amendment Request
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32884.pdf)


EX46.20

 

Adopted 

 

Ward: 3, 10 

Operation of Centennial Park Ski/Snowboard Centre and North York Ski/Snowboard Centre
City Council Decision

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. 

————
Committee Recommendations

The Executive Committee recommends that:

 

1.                City Council approve amending 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 EX40.40), 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. 

Summary

The purpose of this report is to inform City Council of the results of Request for Proposal (RFP) No. 9155-10-7097 for the management, maintenance and operation of Centennial Park Ski/Snowboard Centre and North York Ski/Snowboard Centre. Because the RFP failed to attract a successful proponent, the two facilities will not operate for the 2010/2011 season. This report seeks authority to engage the ski and snowboard industry through market sounding and consultation in order to determine the best approach for a new RFP call, and finally, the report seeks authorization to terminate existing licence agreements for food and beverage concessions associated with the facilities.

Background Information (Committee)
Operation of Centennial Park Ski/Snowboard Centre and North York Ski/Snowboard Centre
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32885.pdf)

Communications (Committee)
(August 16, 2010) E-mail from Willie Moskowitz (EX.New.EX46.20.1)
(August 15, 2010) E-mail from Paulette Blais (EX.Main.EX46.20.2)
(August 16, 2010) E-mail from Dorothy Cirka (EX.Main.EX46.20.3)
(August 16, 2010) Submission from Ann Dembinski, President, CUPE Local 79 (EX.Main.EX46.20.4)
Speakers (Committee)

Ms. Ann Dembinski, President, , CUPE, Local 79 (Submission Filed)
Mr. Willie Moskowitz
Councillor Doug Holyday, Ward 3, Etobicoke Centre


EX46.21

 

Adopted on Consent 

 

Ward: All 

Status Report - 2009 Access, Equity and Human Rights (AEHR) Achievements
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

 

Origin
(July 22, 2010) Report from the City Manager
Summary

This report advises Council on the status of Access, Equity and Human Rights (AEHR) implementation and the 2009 AEHR achievements of City Divisions.

 

Achievements include the city-wide implementation of the “equity lens”, development of a strategic plan on Diversity and Positive Workplace, inclusion of performance measures on AEHR for management staff in annual performance planning, preparations to implement standards under the Accessibility for Ontarians with Disabilities Act (AODA) and the development of an Urban Aboriginal Framework for Toronto. Highlights of overall program implementation, including divisional achievements are provided in Appendix 1.

 

This report uses indicators to illustrate the progress being made at both the corporate and divisional levels in four broad program and service areas:

 

a.         City as an employer;

 

b.         Leadership, governance and building community capacity - Initiatives promoting an open and accessible City government which connects with and builds the capacity of diverse communities; 

 

c.         Economic participation – Initiatives that reduce poverty and advance prosperity for all residents and businesses; and

 

d.         Community programs and service delivery – Programs and services that respond to the needs of a diverse population and involve communities in setting policies and priorities for service delivery

 

Assessment of the 2009 achievements show that of the 110 indicators, 96  (87.3 per cent) depict  increased activity level, improved results or are stable, while 11 indicators (12.7 per cent) show areas requiring action.    This is an overall improvement over 2008 in which 79.3 per cent of the indicators showed positive or stable results and action was required for the remaining 20.7 per cent.

 

Appendix 1 presents the highlights on the achievements of the corporate AEHR program and divisional AEHR initiatives.  

Appendix 2 presents a summary of the indicators for 2009 AEHR achievements.  Appendix 3 provides the details of the indicators, including an introduction and definitions of terms.

 

Background Information (Committee)
Status Report - 2009 Access, Equity and Human Rights (AEHR) Achievements
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32886.pdf)


EX46.22

 

Adopted on Consent 

 

Ward: All 

2010 - 2011 Recipient of City of Toronto Undergraduate Scholarship in Women's Studies at the University of Toronto
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that 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.

Origin
(July 21, 2010) Report from the City Manager
Summary

 

This report advises Council that the University of Toronto has selected the 2010-2011 recipient of the City of Toronto Undergraduate scholarship in Women's Studies.  

 

The selection of recipients of other City scholarships at the University of Toronto will take place in the fall 2010.  These include scholarships in Community Health Nursing, Mathematics and Aboriginal Health and a graduate scholarship in Women's Studies.

 

Background Information (Committee)
2010-2011 Recipient of City of Toronto Undergraduate Scholarship in Women's Studies at the University of Toronto
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32887.pdf)


EX46.23

 

Adopted on Consent 

 

Ward: 28 

Request from the St. Lawrence Centre for the Performing Arts to Extend its Loan Agreement with the City
City Council Decision

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. 

————
Committee Recommendations

The Executive Committee recommends that:

 

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. 

Origin
(July 27, 2010) Report from Deputy City Manager and Chief Financial Officer
Summary

This report seeks authority for Council to extend the maturity date of a loan from December 31, 2010 to June 30, 2012 that was provided by the City to the St. Lawrence Centre for the Performing Arts in 2008 to finance various capital improvements.  The original amount of the loan was $241,987.96 and the current balance payable as of June 30, 2010 is $196,102.32. 

 

Background Information (Committee)
Request from the St. Lawrence Centre for the Performing Arts to Extend its Loan Agreement with the City
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32888.pdf)


EX46.24

 

Adopted on Consent 

 

Ward: All 

Budgetary and Financial Management Approval Process and Protocols for the TTC
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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 Recommendation (1) 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.

Origin
(August 5, 2010) Report from City Manager and Deputy City Manager and Chief Financial Officer
Summary

This report responds to Council's July 2010 request for a report to clarify in-year spending and reporting approval protocols for the Toronto Transit Commission (TTC).  In developing this protocol, staff also considered Council's request for the TTC to comply with the City's budget submission requirements as outlined in Recommendation 98 of the April 15, 2010 budget approval report.

 

Historically the TTC had been able to rely almost entirely on fares to fund its operating costs, or on stable subsidies from the City and the Province. In the absence of a stable provincial operating subsidy, the TTC has become dependent on the City to maintain required service levels.  Given the extent and growth of the City's funding over time, it is appropriate now to establish a more integrated relationship with the City's financial planning and management framework. 

 

This report clarifies the City's authority respecting the TTC's budgetary and financial management policies and processes and sets out the protocol for TTC budget approvals and in-year budget adjustments reflecting current City financial and budget policy and procedures.  Legislation permits the City to prescribe by by-law the budget submission process and determine what City approvals the TTC must seek in managing its spending throughout the year and in dealing with year-end surpluses and shortfalls. 

 

Given the significant size and scope of the TTC Capital and Operating budgets and to ensure consistency with Council budgetary policy and procedures, this report recommends that Council approve this direction to the TTC.  City and TTC staff will then work together to implement the Council directions related to the Corporate budgetary process and protocols as part of the 2011 budget process.

 

Background Information (Committee)
(August 5, 2010) Budgetary and Financial Management Approval Process and Protocols for the TTC
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33018.pdf)

Budgetary and Financial Management Approval Process and Protocols for the TTC - Placeholder Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32889.pdf)


EX46.25

 

Amended 

 

Ward: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 14, 16, 17, 18, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 40, 41 

In Year Budget Adjustment for Economic Stimulus Renewable Energy Investments in Social Housing: Shelter, Support and Housing Administration
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that 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.

Origin
(August 11, 2010) Report from the General Manager, Shelter, Support and Housing Administration
Summary

This report requests budget adjustments of $30,672,243 gross and $0 net to the Shelter, Support and Housing Administration’s 2010 Approved Operating Budget to reflect the additional revenues from the Provincial and Federal Governments under the Renewable Energy Initiative (REI) component of the Social Housing Renovation and Retrofit Program.

 

On August 9, 2010, provincial officials confirmed that a conditional allocation of $30,672,243 will be awarded to the City of Toronto under the REI.  This amount is based on the Province’s assessment of projects submitted by the City under the REI and takes into account regional fairness across Ontario, a balance of technologies and compliance with program requirements, including procurement of technologies from the list of provincially approved vendors.

 

Background Information (Committee)
(August 11, 2010) In-Year Budget Adjustment for Economic Stimulus Renewable Energy Investments in Social Housing: Shelter, Support and Housing Administration
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33034.pdf)

In Year Budget Adjustment for Economic Stimulus Renewable Energy Investments in Social Housing: Shelter, Support and Housing Administration - Placeholder Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32892.pdf)


EX46.26

 

Amended 

 

Ward: All 

Customer Service Strategy for Special Events-related Services and Permitting Processes
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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 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, 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.

Origin
(July 26, 2010) Report from Deputy City Manager - Cluster A
Summary

This report recommends the development of a Customer Service Strategy for special events-related services offered by the City of Toronto, specifically support services, permitting applications and approvals. The Customer Service Strategy includes three key initiatives:

 

1.         A corporate-wide review of special events-related permitting rules and requirements, to identify appropriate service standards.

 

2.         A business case for the implementation of an online EventPal platform to streamline access to special events-related City services and permitting processes.

 

3.         A corporate policy for special events fees.

 

Follow-up recommendations and an implementation plan for each initiative will come before Executive Committee during the next term of Council.

 

The Customer Service Strategy will ensure that the City continues to support special events by building an application process that is customer-oriented and simple to navigate, having policies and procedures in place that are transparent and consistent, and by providing a consistent fee policy to support event organizers and advance the City’s strategic goals.

 

Background Information (Committee)
Customer Service Strategy for Special Events-Related Services and Permitting Processes
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32893.pdf)

Declared Interests (City Council)

The following member(s) declared an interest:

Councillor Case Ootes - as his son is employed by the City of Toronto in Special Events.


EX46.27

 

Adopted on Consent 

 

Ward: 34 

186 Bartley Drive - Update on Confidential Agreement
City Council Decision

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.

————
Confidential Attachment - The receiving of advice that is subject to solicitor-client privilege
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

Origin
(July 28, 2010) Report from Treasurer and City Solicitor
Summary

To provide an update on a confidential agreement among the City, the current property owner of 186 Bartley Drive, and the Trustee in Bankruptcy for the former registered owner of the property, concerning outstanding arrears of taxes on the subject property and the environmental remediation of the site. 

 

As this report considers litigation or potential litigation that affects the City, and pertains to security of property belonging to the City, and contains advice or communications that are subject to solicitor-client privilege, the information concerning this agreement and staff recommendations in this regard are being provided as confidential material.

Background Information (Committee)
186 Bartley Drive - Update on Confidential Agreement
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32894.pdf)


EX46.28

 

Adopted on Consent 

 

Ward: All 

Property Taxes: 2011 Interim Levy By-Law
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

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.

 

Origin
(July 29, 2010) Report from Treasurer
Summary

This report recommends the adoption of the 2011 interim tax levy and requests authority to introduce the necessary by-law at the inaugural meeting of Council on December 7 and 8, 2010.  The 2011 interim levy will provide for the cash requirements of the City until such time as the 2011 Operating Budget and 2011 final property tax levy are approved by Council.

Background Information (Committee)
Property Taxes: 2011 Interim Levy By-law
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32895.pdf)


EX46.29

 

Amended 

 

Ward: 7 

Emery Village Business Improvement Area (BIA) - Monumental Flagpole and Public Square Project
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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 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.

 

3.         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.

 

4.         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.

 

5.         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.

 

6.         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.

 

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

Origin
(August 5, 2010) Report from the General Manager, Economic Development and Culture
Summary

The Emery Village Business Improvement Area (BIA) proposes the development of North America’s tallest flagpole (125 metres) and a public square on a 4.678 acre parcel of land situated at the southeast corner of Arrow Road and Finch Avenue West, west of Highway 400 (known as 1111 Arrow Road).  The project is intended to create a landmark tourist destination that promotes Canada and also serves as an attraction and focal point for local community and business activities.  This report seeks approval of the project concept from City Council and authorization for City staff to enter into negotiations to purchase the site conditional upon concluding financing agreements with the BIA and determination of the appropriate operating model.  The City will recover any costs for the purchase and development of the site through a financial agreement with the BIA.  The BIA proposes to generate project funding though the annual BIA levy, the potential use of signage and parking revenues, and possible Section 37 contributions. Project maintenance and programming costs would be covered through similar revenue sources, with the BIA taking responsibility for any shortfalls.

Background Information (Committee)
(August 5, 2010) Emery Village BIA - Monumental Flagpole and Public Square Project
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32986.pdf)

Emery Village Business Improvement Area (BIA) Monumental Flagpole and Public Square Project - Placeholder Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32896.pdf)

Communications (Committee)
(August 16, 2010) E-mail from Miguel Avila and Larry Perlman (EX.Supp.EX46.29.1)
(August 10, 2010) E-mail from LM (Luc) Laverriere, CED, Major, Commanding Officer (EX.Supp.EX46.29.2)
(August 16, 2010) Submission from Lorraine Chabot-Vecera (EX.Supp.EX46.29.3)
Communications (City Council)
(August 19, 2010) Petition from John Provenzano, Member, Emery Village Business Improvement Area, containing the signatures of approximately 83 persons (CC.Supp.EX46.29.4)
Speakers (Committee)

Ms. Harbhajan Dhillon Chair, Emery Village BIA
Ms. Lorraine Chabot, Emery Villaige BIA (Submission Filed)
Mr. Miguel Avila


EX46.30

 

Adopted on Consent 

 

Ward: All 

Proposed Amendment to the City of Toronto Municipal Code, Chapter 591, Noise, Regarding the TTC's Transit City and Toronto York Spadina Subway Extension (TYSSE) Construction Initiatives
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 3, 2010) Report from the Executive Director, Municipal Licensing and Standards
Summary

The purpose of this report is to recommend amendments to the City of Toronto Municipal Code, Chapter 591, Noise, regarding a noise exemption for construction undertaken by the Toronto Transit Commission relative to the Transit City and Toronto York Spadina Subway Extension (TYSSE) initiatives.

Background Information (Committee)
Proposed Amendment to the City of Toronto Municipal Code, Chapter 591, Noise, Regarding the TTC's Transit City and Toronto York Spadina Subway Extension (TYSSE) Construction Initiatives
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32897.pdf)

Communications (City Council)
(August 24, 2010) Fax from Mark R. Bozian, Board Chair, Sheppard East Village BIA (CC.Supp.EX46.30.1)

EX46.31

 

Adopted 

 

Ward: All 

Renewal of Artscape Capital Loan Guarantees for the Distillery District Studios and the Wychwood/Green Arts Barn
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

Origin
(August 3, 2010) Report from the Deputy City Manager and Chief Financial Officer
Summary

This report seeks Council approval for the renewal of two capital loan guarantees for Artscape in the amounts of $250,000 for the Distillery District Studios and $3,200,000 for the Wychwood/Green Arts Barn project respectively from January 1, 2011 until December 31, 2014.

Background Information (Committee)
Renewal of Artscape Capital Loan Guarantees for the Distillery District Studios and the Wychwood/Green Arts Barn
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32898.pdf)


EX46.32

 

Adopted 

 

Ward: 30 

Port Lands Sports Centre Project
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

Committee Decision Advice and Other Information

The Executive Committee requested Deputy City Manager Richard Butts to submit a report directly to Council on August 25, 2010 on the issues raised by the deputants, especially the Toronto Speed Skating Club.

Origin
(August 9, 2010) Report from Deputy City Manager Richard Butts
Summary

The purpose of this report is to seek Council’s endorsement in principle of a preferred design option for a proposed four-pad ice facility in the Port Lands.  Based on a series of considerations including best fit with the vision of the Lower Don Lands Plan, enhanced economic benefits and community feedback, the preferred design is for a stacked facility named the “Stacked Option”.

 

Project costs significantly exceed the available funding.  For that reason, this report recommends consideration of the project in the 2011 Capital Budget process and that staff continue to refine costing estimates and identify funding options for the project.

Background Information (Committee)
(August 9, 2010) Port Lands Sports Centre Project
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32980.pdf)

Port Lands Sports Centre Project - Placeholder Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32899.pdf)

Background Information (City Council)
(August 19, 2010) supplementary report from Deputy City Manager Richard Butts (EX46.32a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33274.pdf)

Communications (Committee)
(August 12, 2010) E-mail from Cynthia Wilkey, Chair, West Don Lands Committee (EX.Supp.EX46.32.1)
(August 16, 2010) E-mail from Doug Bennet, Chair, Wabash Building Society (EX.Supp.EX46.32.2)
(August 13, 2010) E-mail from Deborah Ashby (EX.Supp.EX46.32.3)
(August 12, 2010) Submission from Lynn Cullaton (EX.Supp.EX46.32.4)
(August 16, 2010) Submission from Julie Beddoes, V.P. External, Gooderham & Worts Neighbourhood Association (EX.Supp.EX46.32.5)
(August 16, 2010) Submission from Karen Pitre, Chair, Toronto Sports Council (EX.Supp.EX46.32.6)
(August 16, 2010) Submission from Dirk Kassenaar, Toronto Speed Skating Club (EX.Supp.EX46.32.7)
(August 16, 2010) Submission from Edith Myers, Pinewood Toronto Studies (EX.Supp.EX46.32.8)
(August 13, 2010) E-mail from John P. Wilson, Chair, Bring Back the Don (EX.Supp.EX46.32.9)
Speakers (Committee)

Ms. Lynn Cullaton, Member, West Don Lands Committee (Submission Filed)
Ms. Julie Beddoes, Vice-President External, Gooderham & Worts Neighbourhoods Association (Submission Filed)
Mr. Ron Baker, President, Toronto Leaside Girls Hockey League
Mr. Scott Oakman, Executive Director,, Greater Toronto Hockey League
Ms. Karen Pitre, Chair , Toronto Sports Council (Submission Filed)
Mr. Dirk Kassanaar, Technical Director, Toronto Speed Skating Club (Submission Filed)
Ms. Edith Myers, Pinewood Studios (Submission Filed)
Councillor Doug Holyday, Ward 3, Etobicoke Centre


EX46.33

 

Amended 

 

Ward: 28 

Staff Review of Waterfront Toronto's Proposed Sale and Lease of City Lands for Waterfront Revitalization - Bayside
City Council Decision

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

 

1.         City Council endorse the concept plan attached as Figure 1 to the report (August 10, 2010) from Deputy City Manager Richard Butts which generally illustrates Hines’ proposal for the development and subdivision of the Bayside Lands, which concept plan will be the subject of a subsequent plan of subdivision process.  For greater certainty, City Council endorsement of the concept plan is in no way intended to and does not fetter the City’s planning and municipal rights and responsibilities.

 

2.         City Council grant authority for the City, as owner of the Bayside Lands, to enter into a Land Development Agreement with Hines (LDA) that includes the disposition of the Bayside Lands  through agreements of purchase and sale (APSs), ground leases (GLs), rights of first offer (ROFOs), rights of first refusal (ROFRs) and may include ancillary agreements such as license, encroachment, easement, closing or other agreements contemplated under the LDA (collectively Ancillary Agreements), substantially on the terms and conditions set out in Attachment 1 in the report (August 10, 2010) from Deputy City Manager Richard Butts, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 4 of this report (August 10, 2010) from Deputy City Manager Richard Butts.

 

3.         City Council require that prior to the City entering into the LDA:

 

a.         City Council declare surplus the Bayside Lands with the intended manner of disposal by way of a LDA, and that all steps necessary to comply with the City's real estate disposal process, as set out in Chapter 213 of the City of Toronto Municipal Code be taken prior to the City entering into the LDA.

 

b.         WT and Hines having entered into the Project Agreement (PA) and WT shall have provided an undertaking to the City  that WT will circulate all amendments to the PA and associated agreements and all amendments to any Development Agreements (DA) made between WT and Hines or any development partner of Hines (Site Developer), to the City for input on all matters which materially affect the City’s interest as owner of the Bayside Lands.

 

c.         Receipt by the City of a written undertaking from WT to monitor the performance of Hines and any Site Developer under the LDA, any APS or GL or other transaction contemplated by the LDA, to take action to enforce such performance, and to perform on behalf of the City any City obligations under such agreements, that the Chief Corporate Officer may require WT to monitor, enforce or perform from time to time, all such WT actions to be taken at no cost to the City, and provided such obligations shall not extend past the winding down of WT at which time such obligations shall revert to the City.

 

d.         Receipt by the City of a legal opinion in respect of the corporate status, powers and authority of Hines to enter into and perform the obligations under the LDA and PA in form and content satisfactory to the City Solicitor.

 

e.         WT shall have provided confirmation that it has completed a satisfactory due diligence review of the financial capacity of Hines and its ability to complete its obligations under the LDA and PA to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer.

 

f.          Receipt by the City of a written undertaking from WT to pay for any realty taxes arising from the LDA or Ancillary Agreements in form and content satisfactory to the City Solicitor.

 

4.         City Council grant authority for the City, as vendor of the City-owned Sites, currently anticipated to be the sites shown as  R1;  R2;  R3, R4 & W1;  R5;  and R6, R7 & W2 on Figure 1 (collectively the Sale Sites), to enter into APSs with Hines or a Site Developer, together with any Ancillary Agreement, substantially on the terms and conditions set out in Attachment 2 in the report (August 10, 2010) from Deputy City Manager Richard Butts, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 7. of this Report.

 

5.         City Council grant authority for the City, as lessor of the City-owned Sites currently anticipated to be the sites shown as C1 and C2 on Figure 1 (collectively the Lease Sites), to enter into GLs with Hines or a Site Developer, together with any Ancillary Agreement, substantially on the terms and conditions set out in Attachment 3 in the report (August 10, 2010) from Deputy City Manager Richard Butts together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 7. of this Report.

 

6.         City Council grant authority for the City to give Hines a ROFO and ROFR to develop one or both of the two City-owned Sites shown as A1 and A2 (with W3 as part of either A1 or A2) on Figure 1 (collectively the Affordable Housing Sites) on condition that any proposal which Hines and WT wish to propose shall be subject to Council approval, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

7.         City Council direct that prior to the City entering into any APS, GL, the following matters be completed and provided for to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the City Solicitor and other City officials as appropriate:

 

a.         Draft plan approval of a plan of subdivision of the Bayside Lands.

 

b.         WT and Hines or the Site Developer having entered into a DA in respect of the applicable Site substantially in the form attached to the PA.

 

c.         WT shall have provided an undertaking to the City that funds received from Hines or the Site Developer under the APS or all base rent for the first 33 years of the term of the GL, as the case may be, shall be used for re-investment in the revitalization of the waterfront in accordance with Policy and Finance Committee Report 9, Clause 1, headed “Governance Structure for Toronto Waterfront Revitalization” adopted  by Council at its meeting on November 30, December 1 and 2, 2004.

 

d.         WT shall have provided an undertaking to the City to pay, on behalf of the City, all costs and expenses payable or incurred by the City under the APS or GL including purchase price adjustments, closing adjustments, rent adjustments, interest charges, costs of surveys and reference plans, registration and closing costs and out of pocket expenses.

 

e.         Receipt by the City of a legal opinion in respect of the corporate status, powers and authority of the Site Developer to enter into and perform the obligations under the APS or GL and the DA in form and content satisfactory to the City Solicitor.

 

f.          WT shall have provided confirmation that it has completed a satisfactory due diligence review of the financial capacity, corporate status, powers and authority of the Site Developer and its ability to complete its obligations under the APS or GL and DA, to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

8.         City Council waive applicable City disposal and leasing policies and practices for City-owned lands including, but not limited to, the City's Housing First Policy, property transactions with single purpose companies, collection of receivables, typical City use clause for leased lands, typical assignment and subletting restrictions, signage and naming rights, and the use of non-disturbance agreements, to the extent that they are inconsistent with, or not included in the terms and conditions of the LDA or any APS or GL, in recognition of WT's role as master developer and lead negotiator of revitalization initiatives in the City's waterfront, including the Bayside Lands.

 

9.        City Council grant authority for the City to direct Hines and the Site Developers to pay the purchase prices under all APSs and the base rents for the first 33 years of the term of all GLs, the revenues from all Ancillary Agreements, if applicable and all other amounts payable to the City under such transactions to  WT, or as WT may otherwise direct, in form and content satisfactory to the City Solicitor.

 

10.       City Council direct the Waterfront Project Director that the following amounts shall be recognized as part of the City’s overall contribution to waterfront renewal, and be reported by WT in its quarterly funding reports submitted to the three orders of government as part of the Waterfront Renewal Accounting Protocol:

 

a.         The purchase price under each APS.

 

b.         The base rents for the first 33 years of the term under each GL.

 

c.         The value of the infrastructure contribution as would apply to the Sites.

 

d.         Any other amounts payable by Hines or a Site Developer to the City for any Ancillary Agreements under the LDA, APS, GL, ROFO, ROFR transactions.

 

e.         The value of the parkland contribution as would apply to the Sites.

 

11.       City Council authorize WT to capitalize the base rent for the first 33 years of each GL subject to the proceeds being reinvested in Waterfront Revitalization.

 

12.       City Council acknowledge the Section 37 infrastructure contribution required under the zoning by-law is included in the purchase price for the land and thus is not required to be paid for the Sale Sites.

 

13.       City Council deem the parkland dedication substantially as shown in Figure 1 in the report (August 10, 2010) from Deputy City Manager Richard Butts, which is consistent with the EBF Precinct Plan and zoning by-law, satisfies all parkland dedication requirements for this development.

 

14.       City Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and City Solicitor, to negotiate the LDA, the APSs, GLs and any Ancillary Agreements contemplated under such transactions, including any amending agreements in relation to such agreements, not materially inconsistent with the major terms and conditions described in Attachments 1, 2 and 3 to the report (August 10, 2010) from Deputy City Manager Richard Butts, as approved by Council.

 

15.       City Council authorize the Chief Corporate Officer and Deputy City Manager whose responsibilities include Waterfront Revitalization, severally to execute and deliver the LDA, all APSs, GLs and all Ancillary Agreements and documents contemplated under such documentation, on behalf of the City.

 

16.       City Council grant authority to the Chief Corporate Officer or his successor/designate, in consultation with the Waterfront Project Director, to administer and manage the LDA, APSs, GLs, and all Ancillary Agreements, except to the extent such administration and management has been otherwise directed by the Chief Corporate Officer to WT to undertake, including the provision of any consents (including but not limited to consents to any subleases, assignments, financial charges of any interests in any GL or Leased Site), approvals, waivers, notices (including 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.

 

17.       City Council direct that, subject to Part 19. of this report (August 10, 2010) from Deputy City Manager Richard Butts, and with the written consent of WT, the City consent, solely in its capacity as land owner of the Bayside Lands, to any planning and development application by Hines or a Site Developer, except for any plan of subdivision application and except for any environmental applications, in furtherance of the development of the Bayside Lands provided Hines or the Site Developer agrees to assume all obligations including costs and liabilities under such application, provided the applicable LDA, APS or GL and DA have been executed and all requirements and obligations of Hines and the Site Developer therein are in good standing, and subject to such other terms satisfactory to the Deputy City Manager whose responsibilities include Waterfront Revitalization and in form satisfactory to the City Solicitor, or alternatively, that the City itself execute such documentation solely in its capacity as land owner.

 

18.       City Council direct that subject to Part 19. of this report (August 10, 2010) from Deputy City Manager Richard Butts, the City consent to WT acting as the City’s agent as owner of the Bayside Lands to sign any planning and development, infrastructure, servicing or any other applications and agreements including agreements with Toronto Hydro, Enbridge Gas or any third party utility provider, required for the development of the Bayside Lands, except for any environmental applications or agreements, provided WT agrees to assume all obligations including costs and liabilities under such documentation and subject to such other terms satisfactory to the Deputy City Manager whose responsibilities include Waterfront Revitalization and in form satisfactory to the City Solicitor, or alternatively, that the City itself execute such documentation solely in its capacity as land owner.

 

19.       City Council direct that all actions described in this report (August 10, 2010) from Deputy City Manager Richard Butts, shall be taken by or on behalf of the City in its capacity as land owner and not in its capacity as a planning authority under the Planning Act, the City of Toronto Act, 2006, or otherwise and such actions are not intended to and do not fetter the City’s planning and municipal rights and responsibilities.

 

20.       City Council request the Waterfront Project Director report to Executive Committee on any proposal accepted by Waterfront Toronto for the development of Affordable Housing Sites for affordable rental housing or an affordable rental housing pilot project.

 

21.       City Council request Waterfront Toronto, in consultation with TTC and City staff, be authorized to prepare an addendum to the East Bayfront Transit EA in order to allow a second access point to Bayside from Queens Quay East.

 

22.       City Council authorize the City Solicitor to complete any of the transactions contemplated under the LDA on behalf of the City, except to the extent that such obligations have been directed by the Chief Corporate Officer to WT to undertake, including amending closing dates and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

23.       City Council direct that prior to execution of any of the agreements contemplated herein, WT to provide confirmation to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization that:

 

a.         The other orders of government have approved the governance changes required to allow WT to borrow the funds required to meet its infrastructure obligations under the PA.

 

b.         The required Infrastructure Ontario loan has been secured.

 

c.         Funding necessary to complete the infrastructure obligations under the PA has been approved by the three orders of government through an update to the Waterfront Toronto Long-Term Funding Plan. 

 

24.       City Council direct that prior to the City entering into the Land Development Agreement, the following matters shall be completed or provided for to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the City Solicitor and other City officials as appropriate:

 

a.         Receipt of a legal opinion from WT's lawyers with respect to the potential environmental liabilities of the City in entering into the Bayside transactions being  remote.

 

b.         Receipt from the insurer under the Pollution and Remediation Legal Liability Policy of an amendment to the Policy to clarify the discretion to be exercised with respect to the provision of on-site coverage.

 

c.         Analysis and estimation of potential remediation and risk assessment costs for the Bayside Lands, satisfactory protection regarding the completion of such work and confirmation of appropriate liability protection.

 

25.       Notwithstanding the endorsement of the Concept Plan in Figure 1 attached to the report (August 10, 2010) from the Deputy City Manager Richard Butts, City Council request the Chief Planner and Executive Director, City Planning and the Waterfront Project Director, in consultation with Waterfront Toronto,  to report to the Executive Committee on the location and timing of the achievement of the affordable housing in Bayside, with the objective of providing options for the distribution of affordable housing throughout the phases of Bayside as well as the East Bayfront Precinct, and its delivery, commensurate with the progress of delivery of market housing.

 

26.       City Council request the Director of the Affordable Housing Office, in consultation with Chief Planner and Executive Director, City Planning and the Waterfront Project Director to report to the Executive Committee within twelve months on the status of an Affordable Housing Delivery Agreement, including a plan for the delivery of affordable housing, availability of funding, timing on the development of affordable housing and location.

 

27.       City Council authorize the public release of the confidential information in Attachment 5 in the report (August 10, 2010) from Deputy City Manager Richard Butts, upon completion of the development of the publicly-owned lands in EBF as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

 

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

 

Confidential Attachment 5 to the report (August 10, 2010) from Deputy City Manager Richard Butts remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of property belonging to the City or one of its agencies, boards or commissions.  The confidential information will be released upon completion of the development of the publicly-owned lands in East Bayfront as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

————
Confidential Attachment - The security of the property of the municipality or local board
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council endorse the concept plan attached as Figure 1 to the report (August 10, 2010) from Deputy City Manager Richard Butts which generally illustrates Hines’ proposal for the development and subdivision of the Bayside Lands, which concept plan will be the subject of a subsequent plan of subdivision process.  For greater certainty, Council endorsement of the concept plan is in no way intended to and does not fetter the City’s planning and municipal rights and responsibilities.

 

2.         City Council grant authority for the City, as owner of the Bayside Lands, to enter into a Land Development Agreement with Hines (LDA) that includes the disposition of the Bayside Lands  through agreements of purchase and sale (APSs), ground leases (GLs), rights of first offer (ROFOs), rights of first refusal (ROFRs) and may include ancillary agreements such as license, encroachment, easement, closing or other agreements contemplated under the LDA (collectively Ancillary Agreements), substantially on the terms and conditions set out in Attachment 1 in the report (August 10, 2010) from Deputy City Manager Richard Butts, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 4 of this report (August 10, 2010) from Deputy City Manager Richard Butts.

 

3.         City Council require that prior to the City entering into the LDA:

 

a.         Council declare surplus the Bayside Lands with the intended manner of disposal by way of a LDA, and that all steps necessary to comply with the City's real estate disposal process, as set out in Chapter 213 of the City of Toronto Municipal Code be taken prior to the City entering into the LDA.

 

b.         WT and Hines having entered into the Project Agreement (PA) and WT shall have provided an undertaking to the City  that WT will circulate all amendments to the PA and associated agreements and all amendments to any Development Agreements (DA) made between WT and Hines or any development partner of Hines (Site Developer), to the City for input on all matters which materially affect the City’s interest as owner of the Bayside Lands.

 

c.         Receipt by the City of a written undertaking from WT to monitor the performance of Hines and any Site Developer under the LDA, any APS or GL or other transaction contemplated by the LDA, to take action to enforce such performance, and to perform on behalf of the City any City obligations under such agreements, that the Chief Corporate Officer may require WT to monitor, enforce or perform from time to time, all such WT actions to be taken at no cost to the City, and provided such obligations shall not extend past the winding down of WT at which time such obligations shall revert to the City.

 

d.         Receipt by the City of a legal opinion in respect of the corporate status, powers and authority of Hines to enter into and perform the obligations under the LDA and PA in form and content satisfactory to the City Solicitor.

 

e.         WT shall have provided confirmation that it has completed a satisfactory due diligence review of the financial capacity of Hines and its ability to complete its obligations under the LDA and PA to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer.

 

f.          Receipt by the City of a written undertaking from WT to pay for any realty taxes arising from the LDA or Ancillary Agreements in form and content satisfactory to the City Solicitor.

 

4.         City Council grant authority for the City, as vendor of the City-owned Sites, currently anticipated to be the sites shown as  R1;  R2;  R3, R4 & W1;  R5;  and R6, R7 & W2 on Figure 1 (collectively the Sale Sites), to enter into APSs with Hines or a Site Developer, together with any Ancillary Agreement, substantially on the terms and conditions set out in Attachment 2 in the report (August 10, 2010) from Deputy City Manager Richard Butts, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 7. of this Report.

 

5.         City Council grant authority for the City, as lessor of the City-owned Sites currently anticipated to be the sites shown as C1 and C2 on Figure 1 (collectively the Lease Sites), to enter into GLs with Hines or a Site Developer, together with any Ancillary Agreement, substantially on the terms and conditions set out in Attachment 3 in the report (August 10, 2010) from Deputy City Manager Richard Butts together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor, subject to Part 7. of this Report.

 

6.         City Council grant authority for the City to give Hines a ROFO and ROFR to develop one or both of the two City-owned Sites shown as A1 and A2 (with W3 as part of either A1 or A2) on Figure 1 (collectively the Affordable Housing Sites) on condition that any proposal which Hines and WT wish to propose shall be subject to Council approval, together with such other terms and conditions as may be deemed appropriate by the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

7.         City Council direct that prior to the City entering into any APS, GL, the following matters be completed and provided for to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the City Solicitor and other City officials as appropriate:

 

a.         Draft plan approval of a plan of subdivision of the Bayside Lands.

 

b.         WT and Hines or the Site Developer having entered into a DA in respect of the applicable Site substantially in the form attached to the PA.

 

c.         WT shall have provided an undertaking to the City that funds received from Hines or the Site Developer under the APS or all base rent for the first 33 years of the term of the GL, as the case may be, shall be used for re-investment in the revitalization of the waterfront in accordance with Policy and Finance Committee Report 9, Clause 1, headed “Governance Structure for Toronto Waterfront Revitalization” adopted  by Council at its meeting on November 30, December 1 and 2, 2004.

 

d.         WT shall have provided an undertaking to the City to pay, on behalf of the City, all costs and expenses payable or incurred by the City under the APS or GL including purchase price adjustments, closing adjustments, rent adjustments, interest charges, costs of surveys and reference plans, registration and closing costs and out of pocket expenses.

 

e.         Receipt by the City of a legal opinion in respect of the corporate status, powers and authority of the Site Developer to enter into and perform the obligations under the APS or GL and the DA in form and content satisfactory to the City Solicitor.

 

f.          WT shall have provided confirmation that it has completed a satisfactory due diligence review of the financial capacity, corporate status, powers and authority of the Site Developer and its ability to complete its obligations under the APS or GL and DA, to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization in consultation with the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

 

8.         City Council waive applicable City disposal and leasing policies and practices for City-owned lands including, but not limited to, the City's Housing First Policy, property transactions with single purpose companies, collection of receivables, typical City use clause for leased lands, typical assignment and subletting restrictions, signage and naming rights, and the use of non-disturbance agreements, to the extent that they are inconsistent with, or not included in the terms and conditions of the LDA or any APS or GL, in recognition of WT's role as master developer and lead negotiator of revitalization initiatives in the City's waterfront, including the Bayside Lands.

 

9.        City Council grant authority for the City to direct Hines and the Site Developers to pay the purchase prices under all APSs and the base rents for the first 33 years of the term of all GLs, the revenues from all Ancillary Agreements, if applicable and all other amounts payable to the City under such transactions to  WT, or as WT may otherwise direct, in form and content satisfactory to the City Solicitor.

 

10.       City Council direct the Waterfront Project Director that the following amounts shall be recognized as part of the City’s overall contribution to waterfront renewal, and be reported by WT in its quarterly funding reports submitted to the three orders of government as part of the Waterfront Renewal Accounting Protocol:

 

a.         The purchase price under each APS.

 

b.         The base rents for the first 33 years of the term under each GL.

 

c.         The value of the infrastructure contribution as would apply to the Sites.

 

d.         Any other amounts payable by Hines or a Site Developer to the City for any Ancillary Agreements under the LDA, APS, GL, ROFO, ROFR transactions.

 

e.         The value of the parkland contribution as would apply to the Sites.

 

11.       City Council authorize WT to capitalize the base rent for the first 33 years of each GL subject to the proceeds being reinvested in Waterfront Revitalization.

 

12.       City Council acknowledge the Section 37 infrastructure contribution required under the zoning by-law is included in the purchase price for the land and thus is not required to be paid for the Sale Sites.

 

13.       City Council deem the parkland dedication substantially as shown in Figure 1 in the report (August 10, 2010) from Deputy City Manager Richard Butts, which is consistent with the EBF Precinct Plan and zoning by-law, satisfies all parkland dedication requirements for this development.

 

14.       City Council authorize the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the Chief Corporate Officer and City Solicitor, to negotiate the LDA, the APSs, GLs and any Ancillary Agreements contemplated under such transactions, including any amending agreements in relation to such agreements, not materially inconsistent with the major terms and conditions described in Attachments 1, 2 and 3 to the report (August 10, 2010) from Deputy City Manager Richard Butts, as approved by Council.

 

15.       City Council authorize the Chief Corporate Officer and Deputy City Manager whose responsibilities include Waterfront Revitalization, severally to execute and deliver the LDA, all APSs, GLs and all Ancillary Agreements and documents contemplated under such documentation, on behalf of the City.

 

16.       City Council grant authority to the Chief Corporate Officer or his successor/designate, in consultation with the Waterfront Project Director, to administer and manage the LDA, APSs, GLs, and all Ancillary Agreements, except to the extent such administration and management has been otherwise directed by the Chief Corporate Officer to WT to undertake, including the provision of any consents (including but not limited to consents to any subleases, assignments, financial charges of any interests in any GL or Leased Site), approvals, waivers, notices (including 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.

 

17.       City Council direct that, subject to Part 19. of this report (August 10, 2010) from Deputy City Manager Richard Butts, and with the written consent of WT, the City consent, solely in its capacity as land owner of the Bayside Lands, to any planning and development application by Hines or a Site Developer, except for any plan of subdivision application and except for any environmental applications, in furtherance of the development of the Bayside Lands provided Hines or the Site Developer agrees to assume all obligations including costs and liabilities under such application, provided the applicable LDA, APS or GL and DA have been executed and all requirements and obligations of Hines and the Site Developer therein are in good standing, and subject to such other terms satisfactory to the Deputy City Manager whose responsibilities include Waterfront Revitalization and in form satisfactory to the City Solicitor, or alternatively, that the City itself execute such documentation solely in its capacity as land owner.

 

18.       City Council direct that subject to Part 19. of this report (August 10, 2010) from Deputy City Manager Richard Butts, the City consent to WT acting as the City’s agent as owner of the Bayside Lands to sign any planning and development, infrastructure, servicing or any other applications and agreements including agreements with Toronto Hydro, Enbridge Gas or any third party utility provider, required for the development of the Bayside Lands, except for any environmental applications or agreements, provided WT agrees to assume all obligations including costs and liabilities under such documentation and subject to such other terms satisfactory to the Deputy City Manager whose responsibilities include Waterfront Revitalization and in form satisfactory to the City Solicitor, or alternatively, that the City itself execute such documentation solely in its capacity as land owner.

 

19.       City Council direct that all actions described in this report (August 10, 2010) from Deputy City Manager Richard Butts, shall be taken by or on behalf of the City in its capacity as land owner and not in its capacity as a planning authority under the Planning Act, the City of Toronto Act, 2006, or otherwise and such actions are not intended to and do not fetter the City’s planning and municipal rights and responsibilities.

 

20.       City Council request the Waterfront Project Director report to Executive Committee on any proposal accepted by Waterfront Toronto for the development of Affordable Housing Sites for affordable rental housing or an affordable rental housing pilot project.

 

21.       City Council request Waterfront Toronto, in consultation with TTC and City staff, be authorized to prepare an addendum to the East Bayfront Transit EA in order to allow a second access point to Bayside from Queens Quay East.

 

22.       City Council authorize the City Solicitor to complete any of the transactions contemplated under the LDA on behalf of the City, except to the extent that such obligations have been directed by the Chief Corporate Officer to WT to undertake, including amending closing dates and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

 

23.       City Council direct that prior to execution of any of the agreements contemplated herein, WT to provide confirmation to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization that:

 

a.         The other orders of government have approved the governance changes required to allow WT to borrow the funds required to meet its infrastructure obligations under the PA.

 

b.         The required Infrastructure Ontario loan has been secured.

 

c.         Funding necessary to complete the infrastructure obligations under the PA has been approved by the three orders of government through an update to the Waterfront Toronto Long-Term Funding Plan. 

 

24.       City Council direct that prior to the City entering into the Land Development Agreement, the following matters shall be completed or provided for to the satisfaction of the Deputy City Manager whose responsibilities include Waterfront Revitalization, in consultation with the City Solicitor and other City officials as appropriate:

 

a.         Receipt of a legal opinion from WT's lawyers with respect to the potential environmental liabilities of the City in entering into the Bayside transactions being  remote.

 

b.         Receipt from the insurer under the Pollution and Remediation Legal Liability Policy of an amendment to the Policy to clarify the discretion to be exercised with respect to the provision of on-site coverage.

 

c.         Analysis and estimation of potential remediation and risk assessment costs for the Bayside Lands, satisfactory protection regarding the completion of such work and confirmation of appropriate liability protection.

 

25.       City Council authorize the public release of the confidential information in Attachment 5 in the report (August 10, 2010) from Deputy City Manager Richard Butts, upon completion of the development of the publicly-owned lands in EBF as determined by the Deputy City Manager whose responsibilities include Waterfront Revitalization.

 

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

Committee Decision Advice and Other Information

The Executive Committee requested Deputy City Manager Richard Butts to arrange a further meeting between the Toronto Transit Commission, Waterfront Toronto and Transportation Services to work on the traffic light(s) issue and submit a report directly to City Council on August 25, 2010.

Origin
(August 10, 2010) Report from Richard Butts, Deputy City Manager
Summary

Toronto Waterfront Revitalization Corporation (WT), as the City’s designated revitalization lead in East Bayfront (EBF), has endorsed the sale and lease of certain City-owned lands known as Bayside to Hines Canada Management Company ULC (Hines), subject to approval of Toronto City Council.  Bayside is the vacant 4.0 hectare (10.0 acre) parcel in the East Bayfront precinct bounded by Sherbourne Common, Queens Quay East, Parliament Slip and the Inner Harbour as shown on the key map.  The development concept put forward by Hines is a mixed-use development consisting of approximately 185,000 m2 (2.0 million sq. ft.) of market residential, affordable rental housing, commercial/office, retail, child care, community and cultural/civic uses (see Figure 1).  

 

This report summarizes the results of City staff’s review of WT’s proposal and seeks Council authorization to enter into an “umbrella” Land Development Agreement (LDA) and future Agreements of Purchase and Sale (APS) and Ground Leases, with Hines (Development Partner) and/or its Site Developers subject to the recommendations in this report.  The major terms for each of the three prospective types of transactions in which the City will be a party appear in Attachments 1, 2 and 3 respectively. 

 

The LDA applies to the whole of the Bayside site and sets out the parameters for all future transactions between the City and Hines or its Site Developers.  The future transactions will involve either a conveyance in fee simple for the market residential blocks or a 99 year term following a 3-year construction period for the non-residential blocks.  The affordable housing blocks shown in Figure 1 are not proposed to be disposed of through this report.  Rather, it is proposed that the blocks be reserved for this purpose as part of the transaction and that Hines be given a first right of offer and right of first refusal should WT or the City wish to proceed with an affordable housing project.  The disposition of the affordable housing blocks will be the subject of a future report to Council when a specific proposal materializes. 

 

Terms relating to the development of the project are set out in a Project Agreement (PA) between WT, as revitalization lead with responsibility for the overall coordination of the project and infrastructure and Hines as development lead.  Although the City is not a party to the PA, many of the waterfront revitalization aspirations to be delivered by WT are secured through this agreement and are addressed in this staff report.  The major terms of the PA between WT and Hines appear in Attachment 4.

 

Notwithstanding the focus of staff’s review on the details of the transaction, certain elements of the transaction have necessitated a concurrent City review of related issues.   The first item concerns the proposal for access roads to the site from Queens Quay East.  Under the recently-approved East Bayfront Transit Environmental Assessment, only one road access located central to the site is planned.  Council’s direction at the time of the EA endorsement was that any additional access points to Queens Quay East will require the approval of City Transportation and TTC, and should not result in any material delays to transit through this corridor.  TTC staff do not support the introduction of a second access road. After careful review, detailed more fully in this report, City Planning and Transportation staff have advised that the introduction of a second access will have no material impact on transit service through the corridor. It is recommended that City Council authorized WT to prepare an addendum to the East Bayfront Transit EA in order to allow a second access point to Bayside from Queens Quay East.

 

The second item involves WT’s capacity to commit to the estimated $120 M of infrastructure, much of which is necessary to service the Bayside lands.  At the present time, this infrastructure is unfunded in the Waterfront Long Term Funding Plan.  Through positive discussions with the City and other government partners, WT is proposing to secure this funding through a combination of borrowing from Infrastructure Ontario (IO), reallocations within its budget, and matching Bayside infrastructure needs with its cash flow from revenues. As part of this process, WT was requested to ensure that funding for transit to service Bayside, a critical underpinning of the transaction, is secured. In response, WT confirms that it is reviewing recommending that the government partners dedicate more direct funding, as opposed to revenues, to transit. Funding for East Bayfront transit remains intact at $150 M. Staff recommend that funding is confirmed to the City’s satisfaction.

 

The limitations on WT’s cash flow availability have resulted in the deferral of the lake-based stormwater management tank system in East Bayfront.  Under WT’s funding plan, construction will now take place in 2017 and 2018.  In the interim, WT will install an oil grit separator to manage stormwater quality in Bayside pending the construction of the permanent system. WT and Toronto Water are in discussion regarding this matter and the implications relating to the operations of the Sherbourne Common UV system.

 

As lead for waterfront revitalization, WT has been created to effectively compete in the residential and commercial marketplace, notwithstanding public ownership of the majority of the lands. In the case of those Bayside blocks designated for commercial development, the City has elected to enter into long-term ground leases.  Under such circumstances, the City would typically employ its standard ground lease.  However, in order to attract investment partners and tenants, some of the terms and conditions typically included in City leases are not contained in the proposed Ground Lease.  Instead, the transaction provides the proponent the flexibility needed in regard to financing without City approval, and to providing security for future tenants, in order for such investors and/or tenants to invest significant funds in the premises. 

 

The proposed transaction represents the culmination of a 2-year process which has engaged the private sector and achieves the City’s and WT’s objectives for Bayside. Along with the other projects underway in EBF, the Hines proposal represents a significant opportunity to realize the transformation of East Bayfront

 

Background Information (Committee)
(August 10, 2010) Staff Review of Waterfront Toronto's Proposed Sale and Lease of City Lands for Waterfront Revitalization-Bayside
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33052.pdf)

(August 11, 2010) Attachment 1: Major Terms of Lands Development Agreement
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33053.pdf)

(August 11, 2010) Attachment 2: Major Terms of Agreement of Purchase of Sale
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33054.pdf)

(August 11, 2010) Attachment 3: Major Terms of Ground Lease
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33055.pdf)

(August 11, 2010) Attachment 4: Major Terms of Project Agreement
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33056.pdf)

Staff Review of Waterfront Toronto's Proposed Sale and Lease of City Lands for Waterfront Revitalization - Bayside - Placeholder Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32900.pdf)

Background Information (City Council)
(August 23, 2010) letter from the Chief General Manager, Toronto Transit Commission (EX46.33a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33288.pdf)

(August 23, 2010) supplementary report from Deputy City Manager Richard Butts (EX46.33b)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33333.pdf)

Communications (Committee)
(August 12, 2010) Letter from Gary Webster, Chief General Manager, Toronto Transit Commission (EX.Supp.EX46.33.1)
(http://www.toronto.ca/legdocs/mmis/2010/ex/comm/communicationfile-17086.pdf)

Speakers (Committee)

Ms. Julie Beddoes, West Donlands Committee


EX46.34

 

Adopted on Consent 

 

Ward: All 

Administrative Amendments to Reserve Fund Accounts - 2010
City Council Decision

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:

 

ZERO BALANCES

Account Name

Beneficial Program

Schedule

All Borough Mortgage Loan

DCM/CFO

#1

TCHC State of Good Repair

TCHC

#8

Community Heritage

City Planning

#9

Development Charges (2004)

Library

#11

Client ID &  Benefits

Employment & Social Services

#13

Sony Centre Improvement

Sony

#14

 

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:

 

Account to be closed

Funds Transferred to

Account Name

Beneficial Program

Schedule

Account

Name

Beneficial Program

Schedule

Vehicle (XQ1506)

Legal

#1

Vehicle & Equipment (XQ0003)

Fleet

#1

 

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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:

 

ZERO BALANCES

Account Name

Beneficial Program

Schedule

All Borough Mortgage Loan

DCM/CFO

#1

TCHC State of Good Repair

TCHC

#8

Community Heritage

City Planning

#9

Development Charges (2004)

Library

#11

Client ID &  Benefits

Employment & Social Services

#13

Sony Centre Improvement

Sony

#14

 

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:

 

Account to be closed

Funds Transferred to

Account Name

Beneficial Program

Schedule

Account

Name

Beneficial Program

Schedule

Vehicle (XQ1506)

Legal

#1

Vehicle & Equipment (XQ0003)

Fleet

#1

 

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.

Origin
(August 3, 2010) Report from the Deputy City Manager and Chief Financial Officer
Summary

This report (a) recommends the establishment of new reserve/reserve fund accounts which have been identified since the last report on the administration of reserve funds was adopted by Council in January 2010, and (b) refines criteria associated with other accounts which results from the operational needs of Divisions/ABC’s with respect to the administration of reserves and reserve funds.  Where appropriate, the purpose for each account is identified in its respective appendix.

Background Information (Committee)
Administrative Amendments to Reserve Fund Accounts - 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32901.pdf)


EX46.35

 

Adopted on Consent 

 

Ward: All 

Climate Change Risk Assessment Process and Tool
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 3, 2010) Report from the Director, Toronto Environment Office
Summary

The Climate Change, Clean Air and Sustainable Energy Action Plan (the “Climate Change Action Plan”) adopted by City Council in July 2007, specified the development of a Climate Change Adaptation Strategy, which was subsequently adopted by City Council in July 2008.  One of its key components is the development of a process to identify and prioritize risks and identify, assess and implement adaptation actions that will reduce the City’s vulnerability to changing weather patterns including more frequent and severe extreme weather events generated by climate change.

 

To fulfill this vulnerability component of the Climate Change Adaptation Strategy, the Toronto Environment Office has developed "Toronto's Climate Change Risk Assessment Process and Tool ("the Risk Assessment Tool”) with significant international benchmarking and stakeholder engagement.  The Risk Assessment Tool is a computerized software program that helps service and infrastructure providers prioritize high risk climate change impacts and identify the need for adaptation actions to reduce the severity of those impacts and therefore reduce risk.  

 

The engagement process has resulted in a strong stakeholder interest in gaining access to this Risk Assessment Tool to help strengthen their ability to respond to climate change.  This Staff Report identifies the merits of sharing the Risk Assessment Tool with interested government Ministries, academic institutions and not-for-profits within the Province of Ontario and recommends that City Council permit the Director of the Toronto Environment Office, in conjunction with the Deputy City Manager and Chief Financial Officer, to licence, with consideration to cost recovery, to other interested parties.

Background Information (Committee)
Climate Change Risk Assessment Process and Tool
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32902.pdf)

Attachment: Letter from the Ministry of the Environment
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32903.pdf)


EX46.36

 

Adopted 

 

Ward: All 

School Lands Property Acquisition Framework and Funding Strategy Follow-up Report
City Council Decision

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.

 

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

Committee Decision Advice and Other Information

The Executive Committee requested Deputy City Manager Sue Corke to submit a report directly to City Council on August 25, 2010 on the status of any additional Toronto District School Board and Toronto Catholic District School Board properties that have been declared surplus but not included in the closed list contained in the report (August 3, 2010) from Deputy City Manager Sue Corke.

Origin
(August 3, 2010) Report from Sue Corke, Deputy City Manager
Summary

As part of its commitment to enhancing Toronto’s social infrastructure, the City of Toronto continually monitors school properties that may be declared surplus by the boards of education. These public assets have the potential to provide space for locating community services or to serve as green space in under-served neighbourhoods. In May 2010 City Council adopted a School Lands Acquisition Framework and Funding Strategy to bring a coherent and co-ordinated approach to the acquisition of school properties. This report updates progress on the implementation of the framework, identifies an immediate corporate priority for acquisition—Timothy Eaton Business and Technical Institute in Scarborough—and responds to several issues raised about school lands acquisition issues raised by Councillors.

Background Information (Committee)
School Lands Property Acquisition Framework and Funding Strategy Follow-up Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32904.pdf)


EX46.37

 

Adopted 

 

Ward: All 

Strategies for Arts and Culture Funding
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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 no. 1 and no. 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.

Committee Decision Advice and Other Information

The Executive Committee requested the City Manager to submit a report directly to City Council on August 25, 2010 on a methodology and objective outcomes of matching increased funding with the needs in priority neighbourhoods and other such underserved geographical areas in Toronto.

Origin
(July 22, 2010) Report from the General Manager, Economic Development and Culture
Summary

At its meeting held on April 15, 2010, City Council requested the General Manager of Economic Development and Culture to submit a report to the Executive Committee, within the current mandate, on possible strategies for Arts and Cultural Funding in future years, taking into consideration the new revenue stream created by the Billboard Tax and Council’s previously adopted Culture Plan, appended to the report from the Martin Prosperity Institute which evaluates the cost of addressing inflation, as well as matching expected growth in the sector.

 

The Culture Plan, adopted by Council in June 2003, recognized that great cities of the world are all Creative Cities whose citizens work with ideas, are intensely mobile and insist on a high quality of life.  Such cities, and their citizens, have an overwhelming impact on the economies of their countries and compete with one another directly for trade, investment and, most of all, for talent.  The Plan’s major aims were to enhance Toronto’s place as a leading international cultural centre and to increase the role of culture in the economic and social development of the city over a ten-year period.

 

The Culture Plan noted that it would take a major investment to reverse the decline that Toronto’s cultural sector had experienced during the 1990’s.  At the time Toronto was investing $14 per capita in culture while competitors like Montreal were investing $26 per capita.  Through the adoption of the Culture Plan, Council committed to reach an investment of $25 per capita within five years.  After seven years, the Toronto’s per capita investment in culture is $18 while the most recent research on Montreal shows that their investment in culture has increased to $33 per capita.  Meeting the Culture Plan investment target of $25 per capita would require an increased annual investment of $17.5 million.

 

The City has made progress in implementing the Culture Plan with action taken on 85% of the recommendations.  There are remaining gaps, however, in several important areas that have prevented the plan from reaching its full potential.  The Culture Plan identified the need for greater investment in arts and culture organizations, the need to invest in the upgrading of cultural facilities and the need to identify new sources of revenue to fund the City’s cultural investment.  These three unmet goals remain high priorities for the City if it is to achieve its overall economic, social and cultural objectives.

 

Background Information (Committee)
Strategies for Arts and Culture Funding
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32905.pdf)

Attachment 1: Martin Prosperity Institute Analysis of City Funding to Cultural Organizations: Percent Growth in Grants vs. Inflation vs. Revenues/Expenditures
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32906.pdf)

Background Information (City Council)
(August 23, 2010) supplementary report from the City Manager (EX46.37a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33302.pdf)

Communications (Committee)
(August 5, 2010) E-mail from Terry West (EX.Supp.EX46.37.1)
(August 6, 2010) E-mail from Sarah Wood (EX.Supp.EX46.37.2)
(August 7, 2010) E-mail from David Moore (EX.Supp.EX46.37.3)
(August 16, 2010) Submission from Karen Kain, National Ballet of Canada (EX.Main.EX46.37.4)
(August 16, 2010) Submission from Eric Peterson (EX.Main.EX46.37.5)
(August 16, 2010) Submission from Karen Tisch, Toronto Arts Council (EX.Main.EX46.37.6)
(August 16, 2010) Submission from Jini Stolk (EX.Main.EX46.37.7)
(August 16, 2010) E-mail from Che Kothari, Executive Director, Manifesto (EX.New.EX46.37.8)
Speakers (Committee)

Mr. Jim  Fleck
Ms. Karen  Kain, National Ballet of Canada (Submission Filed)
Mr. Cameron Bailey, Co-Director, Toronto International Film Festival
Mr. Eric  Peterson (Submission Filed)
Mr. Albert Schultz, Artistic Director, Soulpepper Theatre Company and Young Centre for the Perfoming Arts
Ms. Lakesha  Bambury, Scarborough Arts Council
Ms. Sabra Ripley, Interim Co-ordinator, BeautifulCity.ca
Che Kothari, Manifesto (Submission Filed)
Ms. Jini Stolk, Executive Director, Creative Trust (Submission Filed)
Mr. R.H. Thomson, Actor Independant
Mr. John McKellar, Toronto Arts Council
Councillor Doug Holyday, Ward 3, Etobicoke Centre
Councillor Adam Vaughan, Ward 20, Trinity Spadina


EX46.38

 

Adopted 

 

Ward: All 

Delegation of Authority During Extended Council Recess
City Council Decision

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:

 

a.     The proposed transaction is of a type, and for an amount, as set out in a line item in the TAF budget approved by Council; or

 

b.     The proposed transaction constitutes an investment permitted to be made by TAF, as set out in TAF's Statement of Investment Objectives and Principles approved by City Council.

 

c.     The proposed transaction is specifically permitted by a provision of the Relationship Framework for TAF, 2006, as amended.

 

d.    This delegation is limited to the period commencing on the day following the last City Council meeting on August 25, 2010, up to the first regular meeting of City Council on December 16, 2010.

 

e.     TAF certify that any approval given by the TAF Board pursuant to this delegated authority will be disclosed in the audited financial statements which TAF is required to provide annually to City Council and that the TAF Board ensure that any transactions carried out under this delegated authority are separately reported to City Council no later than the second regular meeting of City Council in the new term.

 

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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 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:

 

a.     The proposed transaction is of a type, and for an amount, as set out in a line item in the TAF budget approved by Council; or

 

b.     The proposed transaction constitutes an investment permitted to be made by TAF, as set out in TAF's Statement of Investment Objectives and Principles approved by Council.

 

c.     The proposed transaction is specifically permitted by a provision of the Relationship Framework for TAF, 2006, as amended.

 

d.    This delegation is limited to the period commencing on the day following the last Council meeting on August 25, 2010, up to the first regular meeting of Council on December 16, 2010.

 

e.     TAF certify that any approval given by the TAF Board pursuant to this delegated authority will be disclosed in the audited financial statements which TAF is required to provide annually to Council and that the TAF Board ensure that any transactions carried out under this delegated authority are separately reported to Council no later than the second regular meeting of Council in the new term. 

 

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.

Origin
(July 21, 2010) Report from the City Manager
Summary

To help ensure continuity of City operations and activities during the election period and other extended Council recesses when Standing Committees and Council do not have regularly scheduled meetings, this report seeks delegated authority for the:

 

a.         City Manager to receive and spend donations over $50,000 and up to $500,000;

 

b.         Chief Financial Officer to approve any reallocation of budget between capital projects in an amount of not more than $1 million; and,

 

c.         Board of the Toronto Atmospheric Fund (TAF) to give prior approval, on behalf     of Council, to enter commitments which extend beyond the current term, limited            to a time frame prior to and immediately following municipal elections when    Council is not in session.  It further requests Council's approval of transactions      listed in Schedule A.

Background Information (Committee)
Delegation of Authority During Extended Council Recess
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32907.pdf)


EX46.39

 

Adopted on Consent 

 

 

2009 Final Year-End Capital Variance Report and Capital Variance Report for the Four Months Ended April 30, 2010
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 24, 2010) from the Deputy City Manager and Chief Financial Officer, entitled "2009 Final Year-End Capital Variance Report and Capital Variance Report for the Four-Months Ended April 30, 2010".

Background Information (Committee)
2009 Final Year-End Capital Variance Report and Capital Variance Report for the Four Months Ended April 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32908.pdf)

Appendix 1: 2009 Final Capital Variance Report for the Year Ended December 31, 2009
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32909.pdf)

Appendix 1.1: 2010 Consolidated Capital Variance Report for the Four Months Ended April 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32910.pdf)

Appendix 1:a: Consolidated Capital Variance Report for ISF projects for the Four Months Ended April 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32911.pdf)

Appendix 1.a-1: Capital Variance Report for ISF projects for the Four Months Ended April 30, 2010 by Project
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32912.pdf)

Appendix 1.b: Consolidated Capital Variance Report for RInC projects for the Four Months Ended April 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32913.pdf)

Appendix 1.b-1: Capital Variance Report for RInC projects for the Four Months Ended April 30, 2010 by Project
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32914.pdf)

Appendix 2: Technical and In-Year Adjustments for the Four Months Ended April 30, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32915.pdf)

Appendix 3.1: 2009 Carry Forwards Funding Adjustments
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32916.pdf)

Appendix 3.2: 2008 Carry Forwards Funding Adjustments
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32917.pdf)

Appendix 4: Capital Projects Recommended for Closure
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32918.pdf)


EX46.40

 

Adopted on Consent 

 

Ward: All 

2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months Ended May 31, 2010
City Council Decision

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

 

1.         City Council approve allocation of the additional 2009 year-end operating surplus of $4.780 million to the following: $0.446 million to the Exhibition Place Conference Centre Reserve Fund; $1.4 million to the Capital Financing Reserve to fund a shortfall in the Horse Palace Roof Replacement ISF capital project; and $2.934 million to the Property Tax Stabilization Reserve as a revenue source for the 2011 Operating Budget.

 

2.         City Council approve an increase to Facilities Management and Real Estate's 2010 Approved Staff Complement of three temporary positions with no financial impact on the 2010 Facilities Management and Real Estate Approved Operating Budget.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council approve allocation of the additional 2009 year-end operating surplus of $4.780 million to the following: $0.446 million to the Exhibition Place Conference Centre Reserve Fund; $1.4 million to the Capital Financing Reserve to fund a shortfall in the Horse Palace Roof Replacement ISF capital project; and $2.934 million to the Property Tax Stabilization Reserve as a revenue source for the 2011 Operating Budget.

 

2.         City Council approve an increase to Facilities Management and Real Estate's 2010 Approved Staff Complement of three temporary positions with no financial impact on the 2010 Facilities Management and Real Estate Approved Operating Budget.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 23, 2010) from the Deputy City Manager and Chief Financial Officer, entitled "2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months Period Ended May 31, 2010".

Background Information (Committee)
2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months ended May 31, 2010 - Budget letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32919.pdf)

2009 Final Year-End Operating Variance Report and Operating Variance Report for the Five Months Ended May 31, 2010 - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32920.pdf)


EX46.41

 

Adopted on Consent 

 

Ward: All 

2011 Interim Water and Wastewater Service Rates
City Council Decision

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

 

1.         City Council extend and continue the Water and Wastewater Service Rates, and the water rebate for eligible low-income disabled persons and low-income seniors, set for 2010, approved by Council and enacted by By-law No. 1206-2009, until such time that Council adopts Toronto Water’s 2011 Operating and Capital Budgets and any corresponding changes, which may be necessary, to the Water and Wastewater Service Rates and water rebate.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council extend and continue the Water and Wastewater Service Rates, and the water rebate for eligible low-income disabled persons and low-income seniors, set for 2010, approved by Council and enacted by By-law No. 1206-2009, until such time that Council adopts Toronto Water’s 2011 Operating and Capital Budgets and any corresponding changes, which may be necessary, to the Water and Wastewater Service Rates and water rebate.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 14, 2010) from the Deputy City Manager and Chief Financial Officer and the General Manager, Toronto Water, entitled "2011 Interim Water and Wastewater Service Rates".

Background Information (Committee)
2011 Interim Water and Wastewater Service Rates
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32921.pdf)


EX46.42

 

Adopted on Consent 

 

Ward: All 

Proposed 2011 Interim Solid Waste Rates
City Council Decision

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

 

1.         City Council adopt and continue the 2010 Solid Waste Rates for Residential Curbside Collection, Residential Units Above Commercial Properties Customers, Curbside Residential Subscription Properties, Agencies, Boards, Commissions and Schools, as set-out in Appendix A of the report (June 11, 2010) from the General Manager, Solid Waste Management Services and the Deputy City Manager and Chief Financial Officer until City Council adopts the 2011 Solid Waste Management Services Operating Budget and Capital Plan and the corresponding solid waste rates are approved.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council adopt and continue the 2010 Solid Waste Rates for Residential Curbside Collection, Residential Units Above Commercial Properties Customers, Curbside Residential Subscription Properties, Agencies, Boards, Commissions and Schools, as set-out in Appendix A of the report (June 11, 2010) from the General Manager, Solid Waste Management Services and the Deputy City Manager and Chief Financial Officer until City Council adopts the 2011 Solid Waste Management Services Operating Budget and Capital Plan and the corresponding solid waste rates are approved.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 11, 2010) from the Deputy City Manager and Chief Financial Officer and the General Manager, Toronto Water, entitled "2011 Interim Water and Wastewater Service Rates".

Background Information (Committee)
Proposed 2011 Interim Solid Waste Rates
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32922.pdf)

Appendix A: Proposed Interim 2011 Solid Waste Rates
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32923.pdf)


EX46.43

 

Adopted on Consent 

 

Ward: All 

AOCC Settlement of Operating Results for Year 2008
City Council Decision

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

 

1.         City Council direct that the accumulated surpluses of $14,235 be paid to the City of Toronto for two AOCCs and be used to partially fund the payment of operating deficits of $107,740 for the other eight AOCC Community Centres core administration operations resulting in a net payment of $93,505 as detailed in Appendix 1 of the report (June 3, 2010) from the Deputy City Manager and Chief Financial Officer.

 

2.         City Council direct that effective immediately, all AOCCs adhere to the following existing City policies and guidelines in accordance with the AOCCs, City of Toronto Relationship Framework:

 

a.         AOCCs seek approval from the Director of the Financial Planning Division prior to incurring expenditures that are not included in the Approved Operating Budget.

 

b.         AOCCs submit quarterly operating variance reports in sufficient detail to the Financial Planning Division, including projected year-end variances and explanations.

 

c.         AOCCs submit detailed Administration and Program budgets for the annual Operating Budget process, to the Financial Planning Division, consistent with operating budget guidelines and policies, and informal requirements.

 

3.         City Council circulate the report (June 3, 2010) from the Deputy City Manager and Chief Financial Officer to all AOCCs Boards of Management for information.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council direct that the accumulated surpluses of $14,235 be paid to the City of Toronto for two AOCCs and be used to partially fund the payment of operating deficits of $107,740 for the other eight AOCC Community Centres core administration operations resulting in a net payment of $93,505 as detailed in Appendix 1 of the report (June 3, 2010) from the Deputy City Manager and Chief Financial Officer.

 

2.         City Council direct that effective immediately, all AOCCs adhere to the following existing City policies and guidelines in accordance with the AOCCs, City of Toronto Relationship Framework:

 

a.         AOCCs seek approval from the Director of the Financial Planning Division prior to incurring expenditures that are not included in the Approved Operating Budget.

 

b.         AOCCs submit quarterly operating variance reports in sufficient detail to the Financial Planning Division, including projected year-end variances and explanations.

 

c.         AOCCs submit detailed Administration and Program budgets for the annual Operating Budget process, to the Financial Planning Division, consistent with operating budget guidelines and policies, and informal requirements.

 

3.         City Council circulate the report (June 3, 2010) from the Deputy City Manager and Chief Financial Officer to all AOCCs Boards of Management for information.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 3, 2010) from the Deputy City Manager and Chief Financial Officer, entitled "AOCC Settlement of Operating Results for Year 2008".

Background Information (Committee)
AOCC Settlement of Operating Results for Year 2008 - Budget letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32924.pdf)

AOCC Settlement of Operating Results for Year 2008 - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32925.pdf)


EX46.44

 

Adopted on Consent 

 

 

Facilities Management 2010 Capital Budget and Plan Adjustments
City Council Decision

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

 

1.         City Council authorize the addition of five new sub-projects to the approved 2010 Capital Budget and 2011-2019 capital plan for Facilities Management and Real Estate, with funding provided through reallocations from within the Approved 2010 Capital Budget and 2011-2019 Capital Plan, as illustrated in Appendix 1 of the report (June 1, 2010) from the Chief Corporate Officer, with zero gross and net impact.

 

2.         City Council authorize the reallocation of funds in Facilities Management and Real Estate’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $0.56 million, as illustrated in Appendix 1 of the report (June 1, 2010) from the Chief Corporate Officer, with zero gross and net impact.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council authorize the addition of five new sub-projects to the approved 2010 Capital Budget and 2011-2019 capital plan for Facilities Management and Real Estate, with funding provided through reallocations from within the Approved 2010 Capital Budget and 2011-2019 Capital Plan, as illustrated in Appendix 1 of the report (June 1, 2010) from the Chief Corporate Officer, with zero gross and net impact.

 

2.         City Council authorize the reallocation of funds in Facility Management and Real Estate’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $0.56 million, as illustrated in Appendix 1 of the report (June 1, 2010) from the Chief Corporate Officer, with zero gross and net impact.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 1, 2010) from the Chief Corporate Officer, entitled "Facilities Management 2010 Capital Budget and Plan Adjustments".

 

 

Background Information (Committee)
Facilities Management 2010 Capital Budget and Plan Adjustments - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32926.pdf)

Facilities Management 2010 Capital Budget and Plan Adjustments - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32927.pdf)


EX46.45

 

Amended 

 

Ward: All 

Toronto Fire Services (TFS) 2010 Capital Project to Replace Firefighter Bunker Suits
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

Committee Decision Advice and Other Information

 

The Executive Committee referred Recommendation 4 of the Budget Committee to the Fire Chief and the Deputy City Manager and Chief Financial Officer for report directly to City Council on August 25, 2010.

 

"4.        City Council approve the donation of obsolete fire fighting equipment currently in Toronto Fire Services Inventory, consisting of 60 bunker suits and helmets, 40 pairs of firefighting boots and 6 Medical Equipment storage bags, which has no resale value in North America, to the Bulgarian Fire Services."

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 7, 2010) from the Fire Chief and General Manager, Toronto Fire Services and the Deputy City Manager and Chief Financial Officer, entitled "Toronto Fire Service (TFS) 2010 Capital Project to Replace Firefighter Bunker Suits".

Background Information (Committee)
Toronto Fire Services (TFS) 2010 Capital Project to Replace Firefighter Bunker Suits
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32928.pdf)

Background Information (City Council)
(August 19, 2010) supplementary report from the Fire Chief and General Manager and the Deputy City Manager and Chief Financial Officer (EX46.45a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33275.pdf)


EX46.46

 

Adopted on Consent 

 

Ward: All 

Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed
City Council Decision

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

 

1.         City Council transfer an amount of $800,000 in capital funding from the Station 40 ISF Project (CAM850-04) and transfer a further $635,000 from the Station Security Project (CAM050-01) in Emergency Medical Services’ (EMS) approved 2010 Capital Program to the Station 19 ISF Project (CAM850-02), resulting in a net zero change in the EMS’ 2010-2011 capital program.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council transfer an amount of $800,000 in capital funding from the Station 40 ISF Project (CAM850-04) and transfer a further $635,000 from the Station Security Project (CAM050-01) in Emergency Medical Services’ (EMS) approved 2010 Capital Program to the Station 19 ISF Project (CAM850-02), resulting in a net zero change in the EMS’ 2010-2011 capital program.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 14, 2010) from the Deputy City Manager and Chief Financial Officer, entitled "Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed".

Background Information (Committee)
Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32929.pdf)

Transfer Capital Funding within Emergency Medical Services 2010 Approved Capital Program to Allow Federal Infrastructure Project for Station 19 to Proceed - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32930.pdf)


EX46.47

 

Adopted on Consent 

 

Ward: All 

Donation Fund – 2010 In-Year Budget Adjustments, Animal Services
City Council Decision

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

 

1.         City Council amend the 2010 Operating Budget for the Municipal Licensing and Standards, Animal Services program by an increase of $316,000 gross, $0 net, to be funded from the Animal Services deferred revenue account to provide support for non-staff costs for pet sterilization, environmental enrichment and special medical care for animals.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council amend the 2010 Operating Budget for the Municipal Licensing and Standards, Animal Services program by an increase of $316,000 gross, $0 net, to be funded from the Animal Services deferred revenue account to provide support for non-staff costs for pet sterilization, environmental enrichment and special medical care for animals.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 15, 2010) from the Executive Director, Municipal Licensing and Standards, entitled "Donation Fund – 2010 In-Year Budget Adjustments, Animal Services".

Background Information (Committee)
Donation Fund - 2010 In-Year Budget Adjustments, Animal Services
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32931.pdf)


EX46.48

 

Adopted on Consent 

 

 

Toronto Police Service: 2010 Capital Budget Variance Report Period Ending March 31, 2010
City Council Decision

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

 

1.         City Council approve a cash flow increase of $2.45 Million (M) to the 2010 vehicle replacement project within the Toronto Police Service’s Vehicle and Equipment Reserve (Reserve) and a corresponding cash flow decrease in 2011 for a zero net impact on the Reserve, for the acquisition of 75 additional marked vehicles in 2010.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council approve a cash flow increase of $2.45 Million (M) to the 2010 vehicle replacement project within the Toronto Police Service’s Vehicle and Equipment Reserve (Reserve) and a corresponding cash flow decrease in 2011 for a zero net impact on the Reserve, for the acquisition of 75 additional marked vehicles in 2010.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 2, 2010) from the Executive Director, Municipal Licensing and Standards, entitled "Toronto Police Service:  2010 Capital Budget Variance Report Period Ending March 31, 2010".

 

 

Background Information (Committee)
Toronto Police Service: 2010 Capital Budget Variance Report Ending March 31, 2010 - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32932.pdf)

Toronto Police Service: 2010 Capital Budget Variance Report Period Ending March 31, 2010 - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32933.pdf)


EX46.49

 

Adopted 

 

Ward: 5 

Acquisition of Toronto District School Board's 80 Lothian Avenue Site
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a report (June 17, 2010) from the Government Management Committee, entitled "Acquisition of Toronto District School Board's 80 Lothian Avenue site (GM32.14)".

Background Information (Committee)
Acquisition of Toronto District School Board's 80 Lothian Avenue Site - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32934.pdf)

Acquisition of Toronto District School Board's 80 Lothian Avenue Site - Government Management Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32935.pdf)

Acquisition of Toronto District School Board's 80 Lothian Avenue Site - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32936.pdf)

(June 15, 2010) Councillor Milczyn - Acquisition of Toronto District School Board's 80 Lothian Avenue Site
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33220.pdf)

(June 16, 2010) Councillor Milczyn's letter re Acquisition of Toronto District School Board's 80 Lothian Avenue Site, Ward 5
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33221.pdf)


EX46.50

 

Adopted on Consent 

 

Ward: All 

Expansion of the Children in Need of Treatment (CINOT) Dental Program – 2010 Funding
City Council Decision

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

 

1.         City Council approve funding for the expanded CINOT (Children in Need of Treatment) dental program totalling $356,460 gross, of which $268,845 is funded by the Ministry of Health Promotion and $89,615 is funded for 2010 only through reallocation from the approved 100 per cent City funded dental services budget.

 

2.         City Council increase the Toronto Public Health 2010 Operating Budget by $268,845 gross with $268,845 revenue from the Ministry of Health Promotion.

 

3.         City Council direct that the 2011 additional funding requirement of $358,460 gross/ $89,615 net for the expanded CINOT (Children in Need of Treatment) dental program be considered by the Budget Committee during the 2011 Operating Budget process.

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council approve funding for the expanded CINOT (Children in Need of Treatment) dental program totalling $356,460 gross, of which $268,845 is funded by the Ministry of Health Promotion and $89,615 is funded for 2010 only through reallocation from the approved 100 per cent City funded dental services budget.

 

2.         City Council increase the Toronto Public Health 2010 Operating Budget by $268,845 gross with $268,845 revenue from the Ministry of Health Promotion.

 

3.         City Council direct that the 2011 additional funding requirement of $358,460 gross/ $89,615 net for the expanded CINOT (Children in Need of Treatment) dental program be considered by the Budget Committee during the 2011 Operating Budget process.

Origin
(June 29, 2010) Letter from the Budget Committee
Summary

The Budget Committee on June 29, 2010, considered a letter (June 28, 2010) from the Board of Health, entitled "Expansion of the Children in Need of Treatment (CINOT) Dental Program – 2010 Funding".

Background Information (Committee)
Expansion of the Children in Need of Treatment (CINOT) Dental Program - 2010 Funding
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32937.pdf)

Expansion of the Children in Need of Treatment (CINOT) Dental Program - 2010 Funding - Board of Health Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32938.pdf)

Expansion of the Children in Need of Treatment (CINOT) Dental Program - 2010 Funding - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32939.pdf)


EX46.51

 

Amended 

 

 

The Vienna Declaration
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that 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.

Origin
(July 30, 2010) Letter from Councillor Kyle Rae
Summary

Attaching a document entitled "The Vienna Declaration" which is a scientific statement seeking to improve community health and safety by calling for the incorporation of scientific evidence into illicit drug policies; advising that Scientists, health practitioners and the public are being invited to endorse this document in order to bring these issues to the attention of governments and international agencies, and to illustrate that drug policy reform is a matter of urgent international significance. 

 

Advising that, given that the City of Toronto has practised and supported several Harm Reduction models in the fight against AIDS, such as needle exchange since 1987, access to methadone treatment, alcohol management programs and condom distribution, requesting City Council to demonstrate its long held leadership on this matter.

 

Background Information (Committee)
Vienna Declaration - Councillor Rae's letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32940.pdf)

Vienna Declaration
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32941.pdf)

Communications (City Council)
(August 23, 2010) Submission from Councillor Kyle Rae, Ward 27 Toronto Centre-Rosedale (CC.Supp.EX46.51.1)
(http://www.toronto.ca/legdocs/mmis/2010/cc/comm/communicationfile-17889.pdf)


EX46.52

 

Adopted 

 

 

Agreement with Clarity Outdoor Media Inc. for Existing Strachan Outdoor Billboard Sign
City Council Decision

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.

————
Confidential Attachment - The security of the property of the municipality or local board
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(July 27, 2010) Report from the Chief Executive Officer, Exhibition Place
Summary

This report recommends the approval of amended terms to finalize an agreement with Clarity Outdoor Media Inc. (“Clarity”) related to the operation of an existing Gardiner outdoor billboard sign at Strachan Avenue. As detailed below, these amended terms were negotiated and finalized with Clarity following the Council approvals of other terms and conditions in both August 2009 and January 2010 and generally relate only to the financial terms of the contract and reflect the changing financial return on investment for Clarity specifically and for this industry in general.

 

On March 27, 2009, a Request for Proposals (RFP) was released through the City of Toronto Purchasing Division that called for a qualified outdoor billboard operator to purchase, operate and maintain the existing Strachan Billboard for a period of 15 years commencing September 1, 2009. Qualified proposals were received from Clarity and Pattison Outdoor Advertising (“Pattison”). 

 

At its meeting of May 29, 2009 and August 5 and 6, 2009, the Board and City Council respectively, approved the Board entering into an agreement with Clarity for the purchase and operation of the existing outdoor billboard sign located at Strachan Avenue and the Gardiner expressway as the successful bidder. 

 

Negotiations to finalize the agreement with Clarity were ongoing since August 2009 and have resulted in amendments being approved at the Board meeting of December 4, 2009 and Council meeting January 26 and 27, 2010.

 

Despite approval of the requested change in the payment dates in January 2010, Clarity was unable to obtain financing and finalize the agreement on the terms approved and following receipt of advice from City Legal, Exhibition Place, on a without prejudice basis, approached both Clarity and Pattison for new proposals, which were then reviewed by the Board’s consultant, Allvision Canada Company (“Allvision”).  Allvision is recommending that the Board enter an agreement with Clarity on the basis that it has proposed the best financial package as detailed in the chart on the last page of the Confidential Attachment.  Given the past and existing negotiations with Clarity, Exhibition Place has insisted that Clarity execute the Agreement and provide a deposit to the Board and both conditions have been met.

 

Background Information (Committee)
Agreement with Clarity Outdoor Media Inc. for Existing Strachan Outdoor Billboard Sign
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32942.pdf)


EX46.53

 

Amended 

 

 

Lease for the Queen Elizabeth Fountain Dining Room
City Council Decision

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.

————
Confidential Attachment - The security of the property of the municipality or local board
Committee Recommendations

The Executive Committee recommends that:

 

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 the confidential information contained in Attachments 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.

 

Origin
(July 27, 2010) Report from the Chief Executive Officer, Exhibition Place
Summary

The Fountain Dining Room (FDR) located within the Queen Elizabeth Building was built in 1957 and consists of a 5,690 sq ft dining room, two office/boardroom spaces, a lobby, washrooms and a commercial kitchen space location on the second floor above the Queen Elizabeth Building Executive offices.  Generally, the FDR is underutilized compared to other spaces on the grounds.  Exhibition Place rented the venue 18 days in 2008; 18 in 2009; and has 24 tentative or licensed bookings in 2010, to date, although Exhibition Place and the Canadian National Exhibition Association (CNEA) also hold their own internal board and committee meetings in the FDR.

 

One Goal of the 2009 Exhibition Place Strategic Plan was to “Maintain a positive operating financial performance across Exhibition Place and all of its businesses” with a specific objective of “diversifying our revenue base” through participation of the private sector in buildings that are underutilized.  Accordingly, on May 27, 2010 a Request for Proposal (RFP) was issued through the City of Toronto Purchasing Department for the opportunity of a long-term leasehold interest in the FDR. Three parties attended the mandatory site meeting on June 7, 2010; the RFP closed on June 18, 2010; and 1673081 Ontario Ltd. was the only party that submitted a proposal. Since 2006, 1673081 Ontario Ltd. has been a tenant at Exhibition Place at the Queen Elizabeth Theatre (QET).

 

Mr. Bruno Sinopoli is the principal of 1673081 Ontario Ltd. and its sole shareholder.  1673081 Ontario Ltd. is a company that has existed since 2006 but has no assets except for the leasehold interest in the QET and the assets that it has purchased for its ongoing business operations in the QET   Since 2006,  1673081 Ontario Ltd. has successfully brought more than 110 shows to the QET.   Mr. Sinopoli is also the sole shareholder of Corner Pocket Billiards Club Inc. which carries on business in the name of The MOD Club on College Street in Toronto.

 

1673081 Ontario Ltd. proposes to build upon its success in the QET by offering its customers and attendees greater entertainment options at Exhibition Place.  It will be investing approximately $800,000 in leasehold improvements in the FDR including upgrades to the kitchen, dining room and interior lobby.  Mr. Sinopoli has been in the restaurant and entertainment business for fifteen years operating the successful MOD Club venue for seven years and will be the on-site manager at the FDR.  The proposal for the FDR is to build onto his existing QET experience by adding a restaurant lounge experience for his customers / attendees.

 

Background Information (Committee)
Lease for the Queen Elizabeth Fountain Dining Room
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32943.pdf)


EX46.54

 

Adopted 

 

 

TTC Special Constable Services
City Council Decision

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.   

————
Confidential Attachment - Personal matters about identifiable individuals, including municipal or local board employees
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(July 16, 2010) Report from the General Manager, Toronto Transit Commission
Summary

At its meeting on Wednesday July 14, 2010 the Commission considered the attached report and confidential attachment entitled “TTC Special Constable Services”.

 

The Commission took the following action:

1.         approved the recommendations as set out in the Confidential Attachment; 

2.         forward this report and the Confidential Attachment to the City Clerk for submission to the City Executive Committee on August 16, 2010; and

3.         noted that the confidential information as set out in the Confidential Attachment remains confidential in its entirety as it contains information that involves the security of property belonging to the Commission.

 

The Commission’s recommendation is forwarded to Executive Committee for appropriate handling.

Background Information (Committee)
TTC Special Constable Services - Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32944.pdf)

TTC Special Constable Services - Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32945.pdf)


54a Transit Security and Special Constable Services
Confidential Attachment - Personal matters about an identifiable individual, including municipal or local board employees
Origin
(July 28, 2010) Report from the City Manager
Summary

At its meeting of June 14, 2010 the Executive Committee directed the Chief General Manager of the Toronto Transit Commission and the City Manager to separately report to City Council, through the Executive Committee on their position on the issues raised of transit security and special constable services.

Background Information (Committee)
Transit Security and Special Constable Services
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32946.pdf)


EX46.57

 

Adopted on Consent 

 

 

Facilities Management 2010 Capital Budget Adjustments - 375 University Ave. Leasehold Improvements - Parking Application
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 27, 2010) from the Chief Corporate Officer, entitled "Facilities Management 2010 Capital Budget Adjustments – 375 University Ave. Leasehold Improvements – Parking Application".

Background Information (Committee)
Facilities Management 2010 Capital Budget Adjustments - 375 University Ave. Leasehold Improvements - Parking Application
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32981.pdf)

Appendix A: 2010 Capital Budget Adjustments - 375 University Ave Leasehold Improvements & Parking Application
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32982.pdf)


EX46.58

 

Adopted on Consent 

 

Ward: 27 

Amendment to Purchase Order 6029461 - For the Pre Construction and Construction Services for the Nathan Phillips Square Revitalization Project
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the Chief Corporate Officer and the Director, Purchasing and Materials Management, entitled "Amendment to Purchase Order 6029461 – For the Pre Construction and Construction Services for the Nathan Phillips Square Revitalization Project".

Background Information (Committee)
Amendment to Purchase Order 6029461 - for the Pre Construction and Construction Services for the Nathan Phillips Square Revitalization Project
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32983.pdf)


EX46.59

 

Adopted on Consent 

 

Ward: 35, 36, 37, 38, 39, 40, 41, 42, 43, 44 

Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 26, 2010) from the General Manager, Transportation Services, entitled "Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts".

Background Information (Committee)
(August 9, 2010) Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32987.pdf)

(July 26, 2010) Transportation Services 2010 Operating Budget Net Zero Adjustment for Utility Cut Contracts - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32988.pdf)


EX46.60

 

Adopted on Consent 

 

Ward: All 

Toronto Water 2010 Capital Budget Cashflow Reallocations
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 26, 2010) from the General Manager, Toronto Water, entitled "Toronto Water 2010 Capital Budget Cashflow Reallocations".

Background Information (Committee)
Toronto Water 2010 Capital Budget Cashflow Reallocations - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32989.pdf)

Toronto Water 2010 Capital Budget Cashflow Reallocations - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32990.pdf)


EX46.61

 

Adopted on Consent 

 

Ward: All 

Economic Development and Culture: Capital Plan Adjustment - Fort York Visitor Centre
City Council Decision

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.

 

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

 

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the General Manager, Economic Development and Culture, entitled "Economic Development and Culture: Capital Plan Adjustment – Fort York Visitor Centre".

Background Information (Committee)
Economic Development and Culture: Capital Plan Adjustment - Fort York Visitor Centre - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32991.pdf)

Economic Development and Culture: Capital Plan Adjustment - Fort York Visitor Centre - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32992.pdf)


EX46.62

 

Adopted on Consent 

 

Ward: All 

Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 27, 2010) from the Medical Officer of Health, entitled "Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement".

Background Information (Committee)
Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32993.pdf)

Toronto Public Health 2010 Operating Budget Adjustment for Youth Engagement - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32994.pdf)

Background Information (City Council)
(August 20, 2010) letter from the Board of Health (EX46.62a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33289.pdf)


EX46.63

 

Adopted on Consent 

 

Ward: All 

Toronto Public Health 2010 Budget Adjustment for Low Income Dental Program
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the Medical Officer of Health, entitled "Toronto Public Health 2010 Budget Adjustments for Low Income Dental Program".

Background Information (Committee)
Toronto Public Health 2010 Budget Adjustment for Low Income Dental Program - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32995.pdf)

Toronto Public Health 2010 Budget Adjustments for Low Income Dental Program - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32996.pdf)

Background Information (City Council)
(August 20, 2010) letter from the Board of Health (EX46.63a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33290.pdf)


EX46.64

 

Adopted 

 

Ward: All 

Creation of ChemTRAC Toxics Reduction Grants Program Through Live Green Toronto
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 29, 2010) from the Medical Officer of Health and the Director, Toronto Environment Office, entitled "Creation of ChemTRAC Toxics Reduction Grants Program through Live Green Toronto".

Background Information (Committee)
Creation of ChemTRAC Toxics Reduction Grants Program through Live Green Toronto
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32997.pdf)

Background Information (City Council)
(August 20, 2010) letter from the Board of Health (EX46.64a)
(http://www.toronto.ca/legdocs/mmis/2010/cc/bgrd/backgroundfile-33291.pdf)


EX46.65

 

Adopted on Consent 

 

Ward: All 

Authority to Negotiate and Enter into a Sole Source Agreement for Repairs and New Construction at the Dufferin Organics Processing Facility
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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, subject to the adoption of Recommendation (1), 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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (July 22, 2010) from the General Manager, Solid Waste Management Services and the Director, Purchasing and Materials Management, entitled "Authority to Negotiate and Enter into a Sole Source Agreement for Repairs and New Construction at the Dufferin Organics Processing Facility".

Background Information (Committee)
Authority to Negotiate and Enter into a Sole Source Agreement for Repairs and New Construction at the Dufferin Organics Processing Facility
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32998.pdf)

Attachment 1: Terms and Conditions
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-32999.pdf)

Attachment 2: Dufferin Organics Processing Facility Site Plan
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33000.pdf)


EX46.66

 

Adopted 

 

Ward: All 

Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 9, 2010) Letter from the Budget Committee
Summary

The Budget Committee on August 9, 2010, considered a report (August 4, 2010) from the Chief General Manager, Toronto Transit Commission, entitled "Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments".

Background Information (Committee)
Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments - Budget Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33001.pdf)

Toronto Transit Commission 2010 Approved Capital Budget and 2011-2019 Capital Plan Adjustments - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33002.pdf)


EX46.67

 

Amended 

 

 

Toronto Community Housing's Follow Up Response
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that City Council receive the letter for information.

Origin
(August 6, 2010) Letter from Toronto Community Housing
Summary

Letter (August 6, 2010) from David Mitchell, Chair, Toronto Community Housing Board and Keiko Nakamura, Chief Executive Officer, Toronto Community Housing responding to a request by Toronto City Council at it's meeting on July 6 and 7, 2010 that requested "the Board of Directors, Toronto Community Housing Corporation, to report to the Executive Committee for its meeting on August 16, 2010, on how the TCHC's Community Management Plan is addressing the need for strategies for human resource development for public domains of participatory action.

 

Background Information (Committee)
Toronto Community Housing's Follow Up Response
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33003.pdf)


EX46.68

 

Adopted on Consent 

 

Ward: 28 

Enrolment of Union Station Stand-by Generators in the Ontario Power Authority Demand Response 3 Program
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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

 

2.                  City Council approve the Director, Energy & 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 coordinate 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.

Origin
(August 12, 2010) Report from the Chief Corporate Officer
Summary

In 2007, the Ontario Power Authority (OPA) released its Demand Response 3 Program (DR3) which is designed to pay companies/businesses to curtail electrical use during periods of high demand in Ontario through either the reduction in electrical load or the self-generation of electricity through approved on-site generators.

 

It is proposed to register the two new stand-by generators being installed at Union Station as part of the revitalization project in the DR3 program.  The stand-by generators have a total output of 2.5 MW and are included in the Union Station project budget.  The 2.5 MW generators will assist the City in meeting its broader combined goal of 90 MW reduction and/or generation.

 

Background Information (Committee)
Enrolment of Union Station Stand-by Generators in the Ontario Power Authority Demand Response 3 Program
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33041.pdf)


EX46.69

 

Adopted 

 

Ward: All 

Kilometrage Reimbursement for the Use of Personal Vehicles for City Business
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 11, 2010) Letter from the Employee and Labour Relations Committee
Summary

The Employee and Labour Relations Committee on August 11, 2010, considered a report (July 5, 2010) Report from the City Manager recommending the implementation of a revised policy with regard to kilometrage reimbursement for the use of personal vehicles for City business for all non-union employees, effective December 31, 2011.

Background Information (Committee)
Kilometrage Reimbursement for Use of Personal Vehicles for City Business
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33073.pdf)

Attachment 1: Kilometrage Reimbursement for Use of Personal Vehicle Policy
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33074.pdf)

Attachment 2: Existing City of Toronto Agreements
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33075.pdf)

Attachment 3: Current Human Resources Policy on Mileage Reimbursement
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33076.pdf)

Attachment 4: Kilometrage Reimbursement - Public Sector Organizations
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33077.pdf)


EX46.70

 

Adopted on Consent 

 

Ward: All 

Occupational Health and Safety Report - First Quarter, 2010
City Council Decision

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.”
————
Committee Recommendations

The Executive Committee recommends that City Council receive, for information, the report (July 19, 2010) from the City Manager titled "Occupational Health and Safety Report - First Quarter, 2010."

Origin
(August 11, 2010) Letter from the Employee and Labour Relations Committee
Summary

The Employee and Labour Relations Committee on August 11, 2010, considered a report (July 19, 2010) from the City Manager titled "Occupational Health and Safety Report - First Quarter, 2010", providing information on the status of the City’s health and safety system, specifically on activities, priorities and performance during the first quarter of 2010.

Background Information (Committee)
Occupational Health and Safety Report - First Quarter, 2010
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33083.pdf)

Appendix A: First Quarter WSIB Incidents Data, by Division
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33084.pdf)

Appendix B: Toronto Public Service LTI Frequency Report (1st Quarters, 2007-2010)
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33085.pdf)

Appendix C: Summary of WSIB Costs for all Firm Numbers (First Quarters 2006-2010)
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33086.pdf)

Appendix D(1): WSIB Invoiced Costs <$100,000 (2006-2010)
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33087.pdf)

Appendix D(ii): 1st Quarter WSIB Invoiced Costs >$100,000 (2006-2010)
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33088.pdf)


EX46.71

 

Adopted on Consent 

 

Ward: All 

Police Reference Checks for Prospective Employees for Shelter, Support and Housing Administration Division
City Council Decision

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

 

1.         City Council direct the General Manager, Shelter, Support and Housing Administration, and/or his designate, to implement a process of pre-employment Police Reference Checks for all qualified, external applicants selected for employment with the Division; and all selected applicants for volunteer or student placements whose work involves unsupervised contact with, or proximity to, vulnerable clients.

 

2.         City Council direct the General Manager, Shelter, Support and Housing Administration, and/or his designate, to develop and implement the Police Reference Checks process, including policies and procedures, no later than March 2011, in conjunction with Human Resources Division and Legal Services Division.

 

3.         City Council direct the Executive Director, Human Resources to notify the Toronto Police Service that Shelter, Support and Housing Administration has City Council approval to be included in the existing memorandum of understanding to conduct Police Reference Checks for qualified, external employee and volunteer candidates at no cost.

 

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

————
Committee Recommendations

The Executive Committee recommends that:

 

1.         City Council direct the General Manager, Shelter, Support and Housing Administration, and/or his designate, to implement a process of pre-employment Police Reference Checks for all qualified, external applicants selected for employment with the Division; and all selected applicants for volunteer or student placements whose work involves unsupervised contact with, or proximity to, vulnerable clients.

 

2.         City Council direct the General Manager, Shelter, Support and Housing Administration, and/or his designate, to develop and implement the Police Reference Checks process, including policies and procedures, no later than March 2011, in conjunction with Human Resources Division and Legal Services Division.

 

3.         City Council direct the Executive Director, Human Resources to notify Toronto Police Services that Shelter, Support and Housing Administration has City Council approval to be included in the existing memorandum of understanding to conduct Police Reference Checks for qualified, external employee and volunteer candidates at no cost.

 

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

Origin
(August 11, 2010) Letter from the Employee and Labour Relations Committee
Summary

The Employee and Labour Relations Committee on August 11, 2010, considered a report (July 21, 2010) from the Executive Director, Human Resources and the General Manager, Shelter, Support and Housing Administration seeking approval to conduct Police Reference Checks on prospective new Shelter, Support and Housing Administration Division (SSHA) staff, volunteers and students whose work may involve unsupervised contact with, or close proximity to, vulnerable clients, as one part of the applicant screening process.

 

 

 

Background Information (Committee)
Police Reference Checks for Prospective Employees for Shelter, Support and Housing Administration Division - ELR Letter
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33094.pdf)

Police Reference Checks for Prospective Employees for Shelter, Support and Housing Administration Division - Staff Report
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33095.pdf)


EX46.72

 

Adopted on Consent 

 

 

Authority to Reallocate Capital Funding within Yonge-Dundas Square 2010 Approved Capital Budget to Allow Federal Infrastructure Project for Yonge-Dundas Square to Proceed
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 13, 2010) Member Motion from Councillor Rae
Summary

Yonge-Dundas Square Board of Management 2010 Capital Budget requires an adjustment in order to complete the approved Infrastructure Stimulus Funded (ISF) Project for Yonge-Dundas Square.

 

The ISF project is critical to increasing storage and operational capacity, as well as improving the appearance of the Square’s eastern tip. A project budget shortfall of $105,667 has resulted in an unavoidable budget variance due to existing site conditions.  This does not represent a change in project scope.  Any delays in the completion of this project beyond March 31, 2011 will jeopardize the City’s ability to receive previously committed Federal Funding of $66,000 for this project.

 

Authority is being sought to reallocate $105,667 in 2010 approved funding from the Program’s State of Good Repair Project to the ISF Project.  The SOGR project will be completed by September 2010 below budget and will have uncommitted funds of $105,667 remaining.

 

 

Background Information (Committee)
Authority to Reallocate Capital Funding within Yonge-Dundas Square 2010 Approved Capital Budget to Allow Federal Infrastructure Project for Yonge-Dundas Square to Proceed
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33125.pdf)


EX46.73

 

Adopted 

 

Ward: 28 

Various Agreements regarding the new Regent Park Community Centre, Aquatic Centre and Children and Youth Hub
City Council Decision

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.

————
Committee Recommendations

The Executive Committee recommends that:

 

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.

Origin
(August 12, 2010) Letter from the Government Management Committee
Summary
The Government Management Committee on August 12, 2010, considered a report (August 4, 2010) from the General Manager, Parks, Forestry and Recreation, the General Manager, Children Services and the Chief Corporate Officer, entitled "Various Agreements regarding the new Regent Park Community Centre, Aquatic Centre and Children and Youth Hub".
Background Information (Committee)
Various Agreements regarding the new Regent Park Community Centre, Aquatic Centre and Children and Youth Hub
(http://www.toronto.ca/legdocs/mmis/2010/ex/bgrd/backgroundfile-33126.pdf)


Submitted Monday, August 16, 2010
Mayor David Miller, Chair, Executive Committee