Item - 2017.EX25.9

The Executive Committee recommends that:

New City-Wide Real Estate Service Delivery Model

1.  City Council approve a new real estate service delivery model for the City government that centralizes all real estate activities City-wide, including all real estate strategy and portfolio planning, major building projects, developments, real estate transactions and facilities management as outlined in Figure 1 to the report (May 8, 2017) from the City Manager and the Deputy City Manager and Chief Financial Officer.

2.  City Council dissolve the Real Estate Advisory Committee effective immediately and thank the members for their service.

Establishment of a New Real Estate Agency

3.  City Council establish a new City agency ("Toronto Realty Agency") and delegate its authority pursuant to section 143 (1) of the City of Toronto Act, 2006 to manage the City's real estate portfolio, develop City buildings and lands for municipal purposes and deliver client focused real estate solutions to City divisions, agencies and corporations.

4.  City Council establish a separate Toronto Municipal Code Chapter for the Toronto Realty Agency which includes the board governance matters outlined in Attachment 1 to the report (May 8, 2017) from the City Manager and the Deputy City Manager and Chief Financial Officer, with the following amendments:

a.  the remuneration for public Board members be an annual retainer of $10,000 and $500 per meeting up to a maximum of $20,000 in total annual retainer; and 

b. the remuneration for the Chair be an annual retainer of $50,000 and $500 per meeting up to a maximum of $70,000 in total annual retainer.

5.  City Council approve the following composition for a nine (9) member board for the new Toronto Realty Agency, effective the date of Council appointment, to occur before January 1, 2018:

-  The Mayor or designate appointed by the Mayor;

-  Two (2) Members of Council; and

-  Six (6) public members, one who shall serve as chair appointed by City Council.

6.  City Council direct that the City Manager and the Chief Corporate Officer or designates may attend all meetings of the Toronto Realty Agency, including closed sessions to provide advice to the board and support the implementation of the new City-wide real estate delivery model.

7.  City Council authorize the City Clerk to initiate a recruitment process for the Toronto Realty Agency's board for consideration by the Corporations Nominating Panel for recommendation of appointment to City Council and further, that the interim board of Toronto Realty Agency to provide input to the Corporations Nominating Panel on preferred applicants.  If a member of the interim board has applied to the permanent board, they will be excluded from reviewing and providing input on preferred applicants. 

8.  City Council direct the new Toronto Realty Agency to follow the procedures of Toronto Municipal Code Chapter 27, Council Procedures, as it applies to committees of Council, with any necessary modifications until such time that the procedures for the Toronto Realty Agency are approved by City Council.

9.  City Council request the new Toronto Realty Agency to develop a procedure by-law by spring 2018 for consideration by the Board and approval by City Council through its Executive Committee.

10.  City Council direct the Board of the Toronto Realty Agency, to bring forward the appointment of its Chief Executive Officer for ratification by City Council and delegate authority to the Board to renew or terminate the appointment of the Chief Executive Officer.

11.  City Council direct the Deputy City Manager and Chief Financial Officer to provide transition support to the interim board including support in the development of the new Toronto Realty Agency's 2018 operating and capital budget submission for Councils consideration as part of the 2018 Budget process.

Implementation of the New City-Wide Real Estate Service Delivery Model

12.  City Council appoint the following individuals as the interim board for the Toronto Realty Agency, effective upon adoption of this report for a term ending upon the effective date of the appointment of the new board (i.e., January 1, 2018), with a mandate solely to initiate a recruitment process for a Chief Executive Officer, provide leadership during the set-up of the new agency and provide direction on transition activities and to consider whether an interim Chief Executive Officer is a necessary part of the transition to the new model:

-  The Mayor or designate appointed by the Mayor;

-  The Chair of the Toronto Transit Commission board;

-  The Chair of Build Toronto board;

-  The Chair of the Toronto Public Library board;

-  Dino Chiesa, as Chair of the Interim Board;

-  Linda Robinson; and

-  Stephen Taylor.

13.  City Council request the City Manager, in consultation with the City Solicitor and the Chief Corporate Officer, to report to Executive Committee in the third quarter of 2017 on a Delegation of Authority Framework for Real Estate Matters aligned with the new City-wide real estate model, including a recommendation to rescind or amend the current delegations of authority for real estate matters as required, including, but not limited to Parks, Forestry and Recreation, Toronto Transit Commission, Toronto Parking Authority, Exhibition Place, Toronto Public Library, Toronto Police Service, Affordable Housing Office, and Long Term Care Homes and Services.

14.  City Council request the boards of Build Toronto and Toronto Port Lands Company to develop transition plans resulting from the new City-wide real estate service delivery model, in consultation with the City Manager, the Deputy City Manager and Chief Financial Officer and the interim board of the Toronto Realty Agency, and report to City Council as the Shareholder in the fourth quarter of 2017, for any required authorities.

15.  City Council request affected City agencies and corporations undertaking real estate or facilities management activities to advise, consult and engage the interim board and/or the permanent board of the new Toronto Realty Agency on the status of their activities and provide such information as may be required in order to provide a full understanding of real estate assets and requirements across the City government, and that the interim board be directed to review any real estate projects that are being undertaken by any of the affected agencies and corporations.

16.  City Council request the Chief Executive Officer of the Toronto Realty Agency, in collaboration with the Chief Corporate Officer and affected City divisions, agencies, and corporations, and in consultation with the Executive Director Financial Planning, to develop a City-wide real estate strategy for City Council approval in the first quarter of 2019, and prepare an annual performance report to City Council.

17.  City Council direct the Deputy City Manager and Chief Financial Officer, the Treasurer and the Executive Director, Financial Planning acting as a financial liaisons with the Toronto Realty Agency to provide advice on corporate financial planning, budgeting, financial management and financial control matters and services, specific to tax-supported and/or rate-supported operating and capital budgets, but excluding the commercial activities of Toronto Realty Agency and the real estate holding corporations.

18.  City Council appoint the City Clerk as Secretary to provide meeting management support to the interim board and the permanent board of the Toronto Realty Agency.

19.  City Council approve an increase of $0.492 gross and $0 net to the 2017 Operating Budget for Facilities, Real Estate, Environment and Energy for the one-time transition costs of $0.882 million required over the next 12 months ($0.492 million in 2017 and $0.461 million in 2018), with funding provided from the Innovation Reserve Fund (XR1713) for the continuation of a transition team including the seven (7) temporary positions previously approved by Council for a cross-functional Program Management Office, for a 12 month period to support the City-wide Real Estate model implementation.

20.  City Council direct the City Manager and the Chief Executive Officer of the Toronto Realty Agency to develop the terms of an operational Memorandum of Understanding between the Agency and the City, to be submitted to City Council for approval in the first quarter of 2018.

In July 2016, City Council approved, in principle, the direction to move to a centralized service delivery model for real estate. There are many City entities (over 24 divisions, agencies and corporations) involved in real estate activities with varying governance structures, program objectives, investment plans, processes, data and technology, skill and expertise. The current state of real estate management is made up of an entangled system of governance and service delivery, and when coupled with increasing real estate demands it poses considerable challenges to achieving desired city-building outcomes.

The City of Toronto owns one of the most expansive, diverse and valuable real estate portfolios in North America (8,446 properties and over 106.3 million square feet), with significant operational ($1.1 billion) and capital ($1 billion) expenditures per year, and an estimated assessed value of $27 billion.

There is now an opportunity to move forward with a new City-wide service delivery model, with centralized accountability for real estate stewardship, and a broader mandate to implement a strategic approach to real estate planning.  A model which applies a strategic city-wide lens and drives sophisticated management practices to ensure the most effective use of real estate assets and capital dollars to benefit the City.

This report sets out a new centralized model to manage the City's real estate assets through its lifecycle, deliver real estate services to City divisions, agencies and corporations, support city- building priorities through maximizing the use of City lands, pursue real estate opportunities to serve the public interest, and leverage surplus City lands to generate value for the City government.

The new model centralizes real estate activities across the City government and includes:

1.  The Real Estate Services and Facilities Management divisions under the current Chief Corporate Office, with an expanded city-wide scope and mandate to execute and coordinate day-to-day real estate transactions and facilities management; and

2.  A new realty agency (the "Toronto Realty Agency") to manage the City’s real estate portfolio, develop City buildings and lands for municipal purposes and deliver client‑focused real estate solutions to City divisions, agencies and corporations. In addition, the Toronto Realty Agency will leverage a real estate holding corporation with necessary real estate tools and instruments (e.g., to deliver joint ventures, manage environmentally sensitive properties, etc).

This is a transformational shift for the City. The key benefits of the new model include:

-  Coordinated stewardship of the City's real estate assets, and the ability to execute a mandate focused on supporting programs and enabling city-building (e.g., affordable housing);

-  A strong accountability and governance structure with the necessary Council oversight, and built in flexibility to operate in the changing marketplace;

-  Real estate expertise to modernize and harmonize operations, and to drive service delivery to programs while maintaining a presence at the local / community levels;

-  The capacity to maximize real estate value in pursuit of social, economic, environmental, and program benefits, while achieving new revenue and cost savings; and

-  The ability to evolve over time and adjust as required to meet the City’s changing and complex needs.

Business transformation of this scale and level of complexity will require a multi-year approach - a deliberate maturity model – that will incubate operational modernization, governance reform, and implement leading practices for asset management, real estate strategy and portfolio planning taking a whole of government approach.

If approved, the new model will launch on January 1, 2018, with the operating structures (i.e., Real Estate Services, Facilities Management, and the new Toronto Realty Agency) working collaboratively together.  The implementation will be phased over a 3 year period and evaluated to ensure it is working effectively.

This report presents the transition strategy and initial implementation plan. Set-up activities for the new model will take place during the third and fourth quarters of 2017. A follow-up report will be brought forward to committee and Council in the fourth quarter of 2017 with further implementation details, including  a recommendations on amendments to delegated authorities; a transition plan for divisions, agencies and corporations (e.g., activities and authorities); establishing financial processes; creating a formal name for the Toronto Realty Agency; and appointment of the Toronto Realty Agency Board of Directors.

It is anticipated that the full transformation to high-performing operations and using industry leading strategies, talent, processes, and technology is expected to take three to five years.