Agenda

• O Canada
• Moment of Silence
• Declarations of Interest under the Municipal Conflict of Interest Act

City Council will confirm the Minutes from the regular meeting held on October 30, 31 and November 1, 2012.

Members of Council may file petitions.

Various presentation and announcements will be made at the City Council meeting.

City Council will review the Order Paper.

The Executive Committee recommends that:

1.         City Council receive the item for information.

The Executive Committee recommends that:

1.         City Council receive the item for information.

This report responds to City Council’s decision to develop an Urban Aboriginal Framework (UAF) for Toronto, in consultation with the Aboriginal Affairs committee of Toronto. The UAF provides a guiding framework that brings together community aspirations and City responsibilities. This framework has been developed in two phases.

The first phase was the Statement of Commitment which was adopted by City Council in July 2010. This report outlines the components of the second phase Action Plan in support of fulfilling the Statement of Commitment.

The Executive Committee recommends that:

1.         City Council receive the item for information.

In May 2012, the Ombudsman presented the findings of her investigation into the Emergency Human Services (EHS) response following the 200 Wellesley Street fire. The report contained a number of recommendations to improve the City's response to future emergencies. This report provides an update on work done to date to implement those recommendations, as well as next steps for work that is currently underway.

The Ombudsman identified seven recommendations to be completed by December 1, 2012 and all are on track to be completed before the deadline. Four key documents have been created or updated to address these recommendations:

-           A revised Operational Support Function (OSF) to reflect the 2010 Council approval of the Emergency Human Services Policy;

-           A new Vulnerable Populations Protocol, which establishes the framework for identifying and meeting the special needs of vulnerable populations during an Emergency Human Services response;

-           A new EHS Policy and Procedure manual; and 

-           Staff roles and responsibilities descriptions for divisional responders.

The Ombudsman also made two recommendations to be completed by June 30, 2012 related to establishing partnerships with external agencies to manage in-kind donations and developing training for EHS staff responders. Work on these is underway, as described in this report, and will be completed prior to the deadline.

The Executive Committee recommends that:

1.         City Council endorse the establishment of a joint not-for-profit corporation, with the Governing Council of the University of Toronto, to be responsible for the management and operations of the Pan Am Aquatic Centre and Field House.

2.         City Council direct the City Manager to request the Province of Ontario (through the Ministry of Municipal Affairs and Housing) to amend O. Reg. 609/06 under the City of Toronto Act, 2006 to allow the City to establish a not-for-profit corporation jointly with the University that is responsible for the management and operations of the Pan Am Aquatic Centre and Field House.

3.         City Council, subject to Ontario granting the requested regulatory amendment, authorize the General Manager of Parks, Forestry and Recreation to negotiate the establishment of a not-for-profit corporation with the University that is responsible for the management and operations of the Pan Am Aquatic Centre and Field House, and direct the General Manager to report back on the results of the negotiation to City Council for approval to establish the corporation.

4.         City Council authorize the General Manager of Parks, Forestry and Recreation to pursue, along with the University of Toronto, naming rights opportunities for the Pan Am Aquatic Centre and Field House, generally in accordance with the City’s Naming Rights Policy, subject to necessary modifications to reflect the joint ownership with the University.

5.         City Council direct the City Manager to report to City Council on appropriate governance structures and procedures, including shareholder direction and contractual requirements, upon conclusion of the processes and negotiations set out in Recommendations 3 and 4 above.

This report provides an update on the Pan Am Aquatic Centre and Field House (the “PAAC”), a joint facility being built as part of the 2015 Pan/Parapan American Games (the “2015 Games”), and addresses outstanding PAAC-related Council directives from Council’s deliberation in February 2011.

Through recent mutual conveyances, the City and the University of Toronto Scarborough Campus (the “University”) co-own the land upon which the PAAC will be built and both institutions will co-own the facility, once completed.

In order for the City and the University to jointly operate the facility, it is recommended that the City establish a not-for-profit corporation with the University to be responsible for the management and operations of the PAAC.  This report seeks Council endorsement to establish the not-for-profit corporation as well as authority to request that the Province of Ontario make the necessary regulatory amendments to enable the establishment of such a corporation.  Should the requested regulatory amendment be made, Council's authority is sought for the General Manager of Parks, Forestry and Recreation to negotiate the establishment of the not-for-profit corporation with the University

Finally, this report updates Council on measures contemplated for the purpose of limiting the operating impact of capital of the PAAC, specifically, the TO2015 Legacy Fund and naming rights and seeks Council's authority for the General Manager of Parks, Forestry and Recreation to pursue naming rights opportunities for the PAAC, in accordance with a reasonable application of the City’s Naming Rights Policy.

The Executive Committee recommends that:

1.         City Council authorize the Director, Real Estate Services in consultation with the General Manager, Parks, Forestry and Recreation and the Director of Purchasing and Materials Management to undertake a competitive procurement process, that incorporates the key terms highlighted in Attachment 1 of the report (October 22, 2012) from the General Manager, Parks, Forestry and Recreation and Acting Deputy City Manager and Chief Financial Officer, and any such other terms and conditions deemed appropriate by the Director, Real Estate Services, to identify a suitable entity (or consortium of entities) for the purchase, lease, operation or other third party management arrangement regarding the Lakeshore Arena.

2.         City Council direct the Director, Real Estate Services and the General Manager, Parks, Forestry and Recreation to report back to City Council, through the appropriate Committee, with the results of the competitive procurement process together with a financial comparison of the proposals to the current existing City Services Corporation operating model, and to recommend, if appropriate, a preferred proponent if the competitive procurement process yields a proposal that is clearly preferential to continuing with the existing City Services Corporation structure and the other requirements of the competitive procurement process being met.

3.         City Council, should the outcome of the competitive procurement process result in a preferred proponent, request the City Manager to:

a.         make recommendations to City Council on an appropriate governance model for the Lakeshore Arena in the context of the proposed new service delivery model for the Arena, if appropriate; and,

b.         in consultation with the City Solicitor, make recommendations to City Council to revise or replace the shareholder declaration for the Lakeshore Arena Corporation consistent with the recommended governance model, if appropriate.

4.         City Council authorize and direct the Director, Real Estate Services to engage a fairness monitor to oversee the competitive procurement process.

This report presents the options for the future direction of the Lakeshore Arena (Arena) based on the work completed by the Board of the Lakeshore Arena Corporation (LAC) and outlines the recommendations and next steps.

The General Manager, Parks, Forestry and Recreation and the Acting Deputy City Manager and Chief Financial Officer are recommending that City Council authorize the appropriate City staff to undertake a competitive procurement process for the purchase, lease, operation or other third party management arrangement of the Lakeshore Arena, and to report back on the results of the competitive procurement process along with a financial comparison of the proposals to the current existing City Services Corporation operating model.

The Executive Committee recommends that:

1.         City Council authorize and direct the Deputy City Manager of Cluster "A" to assume the management of Block 31 of the Railway Lands and the Adjacent Lands and develop a plan for the delivery of the community facilities and affordable housing on this property.

2.         City Council authorize and direct the Deputy City Manager of Cluster "A" to develop an acceptable development concept and delivery agreements with the Toronto District School Board (TDSB) and Toronto Catholic District School Board (TCDSB) to achieve the planning and public interest objectives for Block 31 and the Adjacent Lands as set out in the Railway Lands West Secondary Plan and report to Council on a timely basis to obtain the necessary approvals to proceed.

3.         City Council authorize and direct:

i.          Real Estate Services to assume the management of Block 18AB (299 Bremner Boulevard portion) until its future disposition is determined through the Property Management Committee (PMC) process and a report to Government Management Committee and City Council, if required; and

ii.         Toronto Water to maintain the management of Block 18AB ( 28 Rees Street portion).

4.         City Council authorize funding of $200,000 from the Development Levy Trust account XT6104 to undertake a Phase I and Phase II Environmental Assessment of Block 31 and Adjacent Lands, undertake a monitoring program on the site and undertake required activities to file for a Record of Site Condition (RSC) that may include a Risk Assessment so that development of the site can proceed expeditiously.  This funding is to be adjusted for in the final project budget through a pro-rata cost-sharing arrangement with the Toronto District School Board (TDSB), Toronto Catholic District School Board (TCDSB) and the affordable housing project.

5.         City Council authorize and direct the Chief Planner and Executive Director, City Planning to initiate an Official Plan Amendment to exempt the Adjacent Lands (designated Parks and Open Space) from the restriction of Official Plan Policy 4.3.8, so that some or all of these lands may be disposed of through a long-term lease to the Toronto District School Board (TDSB) and Toronto Catholic District School Board (TCDSB), consistent with the intent in the Railway Lands West Secondary Plan.

6.         City Council authorize and direct the City Manager to enter into negotiations with the stakeholders to amend the Development Levy Trust Agreement executed in 1994, to extend the time frame for the build out of the community infrastructure on Block 31 and the Adjacent Lands, should additional time be required.

7.         City Council direct the Deputy City Manager of Cluster "A" in conjunction with the Deputy City Manager and Chief Financial Officer to report to the Budget Committee either through the capital and operating budget processes or by separate report on the required funding for the City's facilities and other requirements including environmental remediation, identifying sources of funding.

In 2011, Toronto Community Housing (TCH) requested it be released from the agreements of purchase and sale it entered into with the City with respect to Blocks 31 and 18AB within the Railway Lands. On October 3, 2011, Executive Committee in considering this matter requested that the City Manager in consultation with the Chief Corporate Officer report back providing further information on the plans for the future disposition of Blocks 31 and 18AB of the Railway Lands.  

This report outlines the proposed direction on Block 31 and recommends preliminary steps in proceeding with the planned development of two elementary schools, a community centre, a daycare and affordable housing on this property and an adjoining   30 m strip of parkland (the Adjacent Lands) under the management of the Deputy City Manager of Cluster "A".

The report also recommends that Real Estate Services (RES) assume the management of the northern portion of Block 18AB until its future disposition is determined through the Property Management Committee (PMC) process.

The Executive Committee recommends that:

1.         City Council approve a development charge credit for the front-end funding of the Environmental Assessment Study for the Transit Road Extension and the National Urban Park Ring Road, as shown in Attachment 1 of the report (October 9, 2012) from the Acting General Manager, Transportation Services, to be provided by Parc Downsview Park Inc., Bombardier Aerospace and Build Toronto.

2.         City Council establish the development charge credit as the lesser of the front-end funding provided for the Environmental Assessment Study for the Transit Road Extension and National Urban Park Ring Road, as approved by the Acting General Manager, Transportation Services, and the amount of the roads component of development charges payable for the development of lands within the Downsview Area Secondary Plan owned by Parc Downsview Park Inc., Bombardier Aerospace and Build Toronto in accordance with the City's Development Charges By-law.

3.         City Council authorize the execution of a development charge credit agreement between the City and Parc Downsview Park Inc., Bombardier Aerospace and Build Toronto to give effect to the foregoing, in a form satisfactory to the City Solicitor.

The major landowners of the Downsview Area Secondary Plan lands are Build Toronto, Bombardier Aerospace and Parc Downsview Park Inc.  Collectively, they are offering to advance funds to the City to undertake a Municipal Class Environmental Assessment and related studies for various new public roads on these lands, specifically the Transit Road Extension and the National Urban Park Ring Road, on the condition that the City agrees to provide a credit against the development charges that they would be required to pay upon development of their lands in the future.  This report seeks Council approval for such DC credits.

City staff recognize the important roles that this road infrastructure, as shown in Attachment 1 appended to this report, would have in both the local and surrounding areas with regards to improving the connectivity to other major streets; providing an alternative to the Allen Road-Sheppard Avenue corridors; and unlocking development potential within the Downsview Area Secondary Plan lands and its surrounding neighbourhoods.  None of these benefits will be realized until the specific roads are in place. As owners/developers, Build Toronto, Bombardier Aerospace and Parc Downsview Park Inc. need to have the transportation infrastructure in place in order to service their lands. The City does not have the financial resources to undertake such studies in the near term, so the property owners wish to expedite the process by advancing the funds to do so. The studies would be undertaken and managed by City staff, using consultant assistance per the City's normal procurement process. A preliminary estimate of the cost of the studies is $550,000.

If the front-end funding offer of the major landowners is not accepted at this time, the City would carry out the studies at some future date using funds drawn from the Transportation Services' Engineering Studies budget. This work would absorb more than half the annual Engineering Studies budget and would need to compete for priority among all other city-wide Environmental Assessment and functional planning studies.

The Executive Committee recommends that:

1.         City Council base the 2013 interim levy for all property classes on 50 per cent of the total 2012 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 2013 interim levy by-law provide that the interim levy will apply to assessments added to the tax roll for 2012 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 tax payment plan be: February 15, March 15, April 15, May 15, and June 17, 2013.

4.         City Council direct that the Interim Bill payment due date for the two (2) instalment pre-authorized tax payment plan be March 1, 2013.

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 tax payment plan be: March 1, April 2, and May 1, 2013.

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; and

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 November 27 and 28, 2012, providing for the levying and collection of the 2013 interim taxes prior to the adoption of the estimates for 2013, which by-law, when enacted, will be effective as of January 1, 2013.

This report requests Council authority to adopt the necessary by-law to levy interim property taxes for all property classes for 2013 and to prescribe applicable interim bill payment due dates.  The 2013 interim levy will raise approximately $1.85 billion for city purposes, and will provide for the cash requirements of the City until such time as the 2013 Operating Budget and 2013 final property tax levy are approved by Council.

The Executive Committee recommends that:

1.         City Council approve the 2013 Interim Operating Estimates totalling $1.908 billion as detailed by City Program and Agency in Appendix 1 of the report (October 18, 2012) from the Acting Deputy City Manager and Chief Financial Officer.

2.         City Council authorize the Acting Deputy City Manager and Chief Financial Officer to make net disbursement of $1.604 billion during the period January 1 to February 28, 2013, including cash transfer of $333.194 million to Agencies as detailed in the Appendix 1 of the report (October 18, 2012) from the Acting Deputy City Manager and Chief Financial Officer.

3.         City Council approve the 2013 Interim Capital Estimates totalling $184.822 million as detailed by City Program and Agency in Appendix 2 of the report (October 18, 2012) from the Acting Deputy City Manager and Chief Financial Officer.

4.         City Council approve debenture financing of no more than $74.704 million with terms not to exceed the useful life of the capital assets.

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

The 2013 Operating and Capital Budgets are scheduled to be approved by City Council in January 2013. The purpose of this report is to request Council's approval for the 2013 Interim Operating and Capital Estimates in order to enable City Programs and Agencies to carry out their ongoing (base) operations and to continue work on previously approved urgent capital projects during the period January 1 to February 28, 2013.

In accordance with the Financial Control By-Law, Interim Operating Estimates must be approved prior to January 1, 2013 to ensure that appropriate Council approval is granted to fund the continuance of the City's business during the period January 1 to February 28, 2013. The 2013 Interim Operating Estimates are $1.908 billion gross; and requires cash outflow funding of $1.604 billion. The 2013 Interim Capital Estimates total $184.822 million gross and requires debenture financing of $74.704 million.

This report seeks Council's approval to implement a number of housekeeping amendments to the City of Toronto Municipal Code Chapter 227 (Chapter 227)  – Administration of Reserves and Reserve funds.  These amendments include  the establishment of new reserve/reserve fund accounts , refining criteria including the change of purposes, and the  deletion of some accounts which are no longer required.  As well, it responds to a Council request with regard to the creation of an account for a specific purpose.

This report provides information on the current status of pre-hire Police Reference Checks in the Toronto Public Service.  A Police Reference Check is either a Criminal Record Check or a Vulnerable Sector Police Reference Check.

The City is in compliance with the current legislative requirements for Vulnerable Sector Police Reference Checks in designated positions in Children's Services, Long-Term Care Homes and Services, and Emergency Medical Services.  In addition, City Council has previously approved the use of Vulnerable Sector Police Reference Checks for designated positions in Parks, Forestry & Recreation, and Shelter Support & Housing Administration.  Each of these divisions has established processes to receive and review the Police Reference Checks from selected applicants.

New applicants for positions which require a Police Reference Check are not allowed to commence employment until the Police Reference Check has been submitted for review to the hiring division.

A city-wide Police Reference Check Policy has recently been implemented which outlines the process to be followed when a division believes there is a bona fide requirement for conducting pre-hire police reference checks for designated positions.  The City needs to renew the memorandum of understanding with the Toronto Police Service to continue to provide Vulnerable Sector Police Reference Checks at no cost to selected applicants and volunteers who live in the city.

The Executive Committee recommends that:

1.         City Council receive the First Quarter 2012 Occupational Health and Safety Report.

This report provides information on the status of the City’s health and safety system, specifically on activities, priorities and performance during the first quarter of 2012.

There was an 8.9% decrease in the number of lost time injuries (LTIs) and a 14.9% decrease in medical-aid-only injuries during the first quarter of 2012 relative to 2011.  There was an increase in recurrences from 42 to 61 during this same period.

WSIB invoiced costs for the first quarter of 2012 were $6.59 million, approximately $432,000 lower than for 2011.

The decrease in lost time injuries was largely attributable to:

-           Fewer outbreaks of infectious illnesses in Shelter, Support and Housing Administration

-           Fewer musculoskeletal disorders (MSDs) and slips, trips and falls in Fleet Services.

The Executive Committee recommends that:

1.         City Council receive the Second Quarter 2012 Occupational Health and Safety Report.

This report provides information on the status of the City of Toronto’s health and safety system, specifically on activities, priorities and performance up to and including the second quarter of 2012.

There was a 0.5% decrease in the number of Lost Time Injuries (LTIs) and a 14.0% decrease in Medical-Aid-Only injuries during the first two quarters of 2012 relative to 2011.  There was an increase in recurrences from 100 to 106 during this same period.

WSIB invoiced costs for the first two quarters of 2012 were $13.03 million; this is a $1.02 million decrease from 2011.

While Injury Frequency increased slightly from 5.43 to 5.51 during the first two quarters of 2012 relative to 2011, Lost-Time Injury Severity (time lost due to injury) decreased.

This report documents the response rate to the Workforce Survey administered in 2011 and discusses the representation of the four designated groups within the Toronto Public Service (TPS).

On January 26, 2010 City Council received an information report titled “Workforce Survey among Non-Union Staff: Response Rate and Representation Rate” and requested the City Manager to submit a further report to the Employee and Labour Relations Committee upon completion of an Employment Equity Workforce Survey. This report is intended to assist the TPS in implementing the Employment Equity policy within the context of Goal # 3 of the People Plan to “attract and retain a skilled, high performing and diverse workforce” as well as the City’s commitment to diversity as outlined in its Diversity & Positive Workplace Strategy.

Significant progress has been made in strengthening foundational elements of the Employment Equity program that are key to successfully meeting the city’s equity goals. The following has resulted in a significant upsurge in survey participation:

-           Increased organizational strategic priority has been placed on equity, diversity and inclusion with the establishment of the Office of Equity, Diversity and Human Rights in 2011;

-           Stronger communications from senior management and union executives about the workforce survey has raised awareness of the importance of the survey; and

-           Improved survey distribution methodology including the participation of union members and divisional champions has achieved a considerable improvement in the response rate. 

Response Rate:

46.4% of the active workforce responded to the survey with divisional responses varying widely between 35.0% and 90.6%. This represents a 13.3% increase compared to first workforce survey conducted in 2003-2005, which achieved a 33.1% response rate. These encouraging results demonstrate that with strong support from leaders within the TPS and Unions, the City has been able to make measurable progress in meeting its goals.

This report provides the current status of the Toronto Zoo elephant transfer (Iringa, Toka, Thika) to the Performing Animal Welfare Society (PAWS) sanctuary in northern California.

This report presents findings and directions resulting from the City Manager’s review of environment and energy efficiency functions in the City of Toronto.  The administrative reorganization responds to recommendations in the Core Services Review, as well as other directives from Council, and acts on opportunities to improve effectiveness and efficiency in providing environment and energy functions in the City.

A summary, for the information of Council, is provided on the administrative restructuring of environment and energy functions in the City, with the current suite of program offerings continuing into 2013.  The primary structural change is a consolidation of functions currently located in the Energy & Strategic Initiatives group in the Facilities Division and the Toronto Environment Office in a new Environment & Energy Office under the direct purview of the Chief Corporate Officer.  The Chief Corporate Officer will lead the City’s environment and energy objectives and corporate policies, including cross-corporate coordination of policy development and implementation in operating divisions.

To achieve optimum effectiveness and efficiency, environment and energy activities and expertise that are inherently integrated with operations will continue to be decentralized and the responsibility of the operating program: Toronto Public Health (environmental health programs), City Planning (environment policies in the Official Plan and their consideration in the development review process), Toronto Water (water efficiency and conservation) and Solid Waste Management (blue box and green bin diversion).

Additional changes to achieve improvements in the effectiveness and efficiency of environment and energy functions require Council approval.  These include: enhancing the program capacity of the Toronto Atmospheric Fund (TAF) by rescinding Council policies that divert TAF funds to non-grant purposes; assuming TAF’s powers to the extent of transferring management of the investment of TAF funds to the City and replacing TAF’s investment objectives with the City’s investment strategies, as provided for in the Toronto Atmospheric Fund Act, 2005; eliminating TAF’s involvement in the governance of the Clean Air Partnership (CAP) to enable CAP to function more independently as a charitable organization; and undertaking a further study of long-range strategies and objectives for Toronto Hydro and TAF in support of the City’s environment and energy objectives.

After further consideration and discussion between staff of the Toronto Atmospheric Fund (TAF) and the City, it was agreed to amend Recommendation 3 as contained in report EX23.10 "Environment and Energy Efficiency Functions", dated September 24, 2012, and deferred by Executive Committee at its meeting held on October 9, 2012 to its November 5, 2012 meeting.  This amendment would allow TAF to retain a reduced portion of its marketable securities in equity investments and increase the portion of funds available for mandate-related direct investments (direct loans and financing for priority projects) as compared to the previous asset mix approved by City Council in May 2010.

This report responds to City Council requests, arising out of consideration of the 2011 Annual Report of the Ombudsman, that the City Manager report, in consultation with the Ombudsman, on the implications of requesting the Province to enact a Toronto Public Service Act including its application to elected officials.  City Council also requested that the City Manager report further, until a Public Service Act is legislated, on an interim by-law that sets out public servants' obligations and accountabilities. 

Public service acts, common in most federal and provincial governments, establish in law the employment framework for government officials and entities, including their delegation of authority for human resource management and often also set out the ethical framework for public servants usually related to conduct, conflict of interest and political activity.  Public service acts in many jurisdictions were recently amended to also provide for the disclosure of wrongdoing and protections from reprisals for public servants. 

This report recommends that City Council enact a public service by-law for Toronto that sets out the human resource management roles, responsibilities and authorities for the City Manager and City agencies, the ethical framework and provisions for disclosure of wrongdoing and protections for public servants.  A public service by-law will enable the current legal and policy framework for employment and ethical matters to be consolidated in the Toronto Municipal Code under an overarching by-law.  A public service by-law achieves similar objectives to a public service act and supports the principles of transparency, integrity and accountability in the management of government human resources.

A public service by-law will be customized to the City’s Agencies as required to take into consideration their legal and governance framework.  The specific legislative limitations for the police, libraries and health will also need to be carefully considered and reflected. Accountability and oversight mechanisms will also need to be considered in the development of a public service by-law including a possible role for some of the accountability functions in its application.  The City Manager anticipates reporting back to Executive Committee on a public service by-law for Toronto by the end of 2013.

Accountability officers, elected officials and their staff will not be subject to a public service by-law but their ethical framework, and responsibilities and authorities for human resource management should be clear and transparent.  Toronto Municipal Code Chapter 3, Accountability Officers establishes the roles, responsibilities and authorities for the accountability officers’ human resource management that is operationalized through a Human Resource Protocol.  The City Manager, in consultation with the accountability officers, will consider if there are any elements of the public service by-law that should apply to the accountability officers and their staff and will bring forward amendments as required when the City Manager reports back on the content of the public service by-law for Toronto.

Council Members roles, responsibilities and authorities should be consolidated and formalized and a separate ethical framework established for Members’ staff.   This report recommends that the City Clerk, in consultation with the Integrity Commissioner, City Solicitor and City Manager, report to City Council on a human resource policy for Council Members to consolidate their human resource responsibilities and authorities and set out the ethical framework for their staff in an overarching policy.  The development of an ethical framework for Members’ staff will also consider the application of the Code of Conduct for Members of City Council to Members’ staff.

The City Manager consulted with the Ombudsman in the development of this report. 

This report transmits correspondence from Toronto Hydro on their executive compensation policies and practices as the employer.  The Toronto Hydro report explains the methodology used to determine compensation.

This report summarizes the results of the Request for Expressions of Interest No. 9101-12-7008, issued in May 2012 (the "REOI"), regarding the request for respondents to present options for Toronto's three civic theatres: the St. Lawrence Centre for the Arts, the Sony Centre for the Performing Arts, and the Toronto Centre for the Arts, as directed by Council in September 2011. The options were to include the sale, lease, operations or any other arrangements for any or all of the civic theatres to meet the City's cultural, social and economic goals.

The recommendations of this report are the result of a process that carefully considered the merits of the options proposed, the risks and benefits to the City, governance issues, and the impact of uncertainty to the ongoing business operations of the theatres. The process was monitored by a fairness monitor who ensured a fair, open, consistent and transparent process. The recommendations also take into consideration those made by the Theatre Panel of the Mayor's Task Force on Arts and Theatres in December 2011.

None of the qualifying responses to the REOI expressed an interest in purchasing either the St. Lawrence Centre for the Arts or the Toronto Centre for the Arts. It is recommended that these two theatres should remain municipally owned and operated because of their role in the not-for-profit community cultural sector. The REOI process has also led to the recommendation that the City pursue divestment of the Sony Centre for the Performing Arts given its focus on commercial entertainment.

The Board of Directors of the Hummingbird (Sony) Centre for the Performing Arts, on November 1, 2012, considered a copy of the report (October 22, 2012) from the City Manager, addressed to the Executive Committee, respecting the future of the Three Major Civic Theatres as it relates to the Sony Centre for the Performing Arts.

This report provides the findings from the review of the Policy on City-Owned Space Provided at Below-Market Rent (BMR Policy).  The Policy provides Council and staff with a process for leasing City space at less than market rents to non-profit organizations that deliver community and cultural services to residents and further the City's strategic goals.

The BMR Policy was adopted by Council in 2002 and updated in 2006 and 2007.  Over the decade of its development and implementation, the BMR Policy goal of providing a consistent, fair, accountable and transparent approach to the ongoing provision of dedicated community and cultural service space at less than market rates has now been largely achieved. 

The Policy review identified a range of strategic issues related to the City's broader community space program that are well beyond the scope of the BMR Policy.  These strategic issues are the subject of a forthcoming Community Infrastructure Service Efficiency Study (CIS) that will be launched by the end of 2012.  This report recommends that the broader policy issues associated with the City's community space program be referred to the Executive Director, Social Development, Finance and Administration for consideration as a part of the CIS.

This report proposes three improvements to the administration of the BMR program for implementation in advance of the CIS.  These changes will improve service to current and prospective tenants (both market-rate and BMR), and allow Council to consider the social, economic and cultural capital that is returned from its investment in BMR space.

The Audit Committee requested the Auditor General to consider including and prioritizing a review, audit and value for money, on the Financial Planning Analysis and Reporting System (FPARS project), as part of the 2013 Work Plan.

The purpose of this report is to provide City Council with details of the Auditor General’s 2013 Audit Work Plan.  The 2013 Audit Work Plan is attached as Appendix 1 to this report.  Appendix 2 includes a summary of future potential audits.  Appendix 3 includes audits completed during the period 2007 to 2012. 

The Audit Work Plan as presented in this report provides City Council with an overview of how resources allocated to the Auditor General’s Office will be used during 2013.

The 2013 Audit Work Plan is a combination of audits in progress, new audits, annual recurring projects and investigative work carried out as a result of complaints received through the Fraud and Waste Hotline.  The Audit Work Plan also includes a formal follow-up review to ensure recommendations contained in previously issued audit and investigative reports have been implemented.

The 2013 Audit Work Plan provides a balance of audit work that will result in improving overall City operations by strengthening management controls, improving accountability and enhancing the efficiency and effectiveness of municipal services.

Government auditing standards require that audit organizations performing audits in accordance with Generally Accepted Government Auditing Standards (GAGAS) undergo an external quality assurance review every three years.  This report provides the results of the Auditor General’s External Quality Assurance Review.  This is the third such review for the Auditor General’s Office.

The Auditor General received an “unqualified opinion” for this review.  An “unqualified opinion” is the highest rating possible and indicates that audit work is conducted in accordance with Generally Accepted Government Auditing Standards.  The process also provides the opportunity for reviewers to offer observations related to audit organization practices that are particularly noteworthy as well as suggestions related to professional industry best practices.

The purpose of this report is to advise on the results of Request for Proposal (RFP) 9171-12-7072 for external audit services to perform the financial statement audits for City Arenas, Community Centres and Miscellaneous Entities (Heritage Toronto, Yonge-Dundas Square Board of Management, the Toronto Atmospheric Fund and the Clean Air Partnership) for the years 2013 to 2017 inclusive and to request authority to enter into an agreement with the recommended proponent.

The Auditor General’s Audit Work Plan included a review of the Union Station Revitalization Project.  The objective of this review was to assess the adequacy of controls implemented by management with respect to the Union Station Revitalization.

This report contains twenty recommendations along with a management response to each of the recommendations.  The implementation of these recommendations will improve the overall effectiveness of the City’s Union Station Revitalization Project and could result in cost savings.

The Auditor General’s 2012 Audit Work Plan included a review of the operations of the five City golf courses managed by Parks, Forestry and Recreation Division.

The objective of this review was to determine if opportunities exist to increase revenues or reduce expenses and assess the adequacy of accountability and control over processes used to manage City golf courses.

8.         City Council request the General Manager, Employment and Social Services, to report in one year's time to the Economic Development Committee, on the progress made on the recommendations contained in the report (October 6, 2012) from the Auditor General, the measures used to improve the accountability of the system, and the clients with business licenses reporting zero income.

The Auditor General’s 2012 Audit Work Plan included a review of processes at Toronto Employment and Social Services Division (TESS), for verifying reporting of income by clients.  The objective of this review was to assess controls over the income reporting process at TESS.  The review focused on the reporting of income by clients who were identified as having a business license.

This report contains seven recommendations which are related to improving controls in both income reporting and employment service planning processes.

The Auditor General’s Audit Work Plan included a review of storage warehouses.  The objective of this review was to determine if City stores run by the Materials Management Stores and Distribution Unit in Purchasing and Materials Management Division are being fully utilized and providing cost-effective services.  The findings are relevant for all store operations in the City. 

This report contains nine recommendations along with a management response to each of the recommendations.  The implementation of these recommendations will improve the overall operating efficiencies by maximizing the capacity of City store operations to supply materials to all City business units, including agencies and corporations.  Integrating technology into the City store operations will also help to achieve optimum performance. 

This report also recommends a status report be provided to Council on the Yards Consolidation Study.

The Auditor General’s Audit Work Plan included a review of the eCity Vision framework.  The eCity Vision framework endorsed by City Council in 2002 envisioned the use of information technology to create an “enabled City” to make services and information available to the public through multiple channels.  The objective of this review was to determine if there is an adequate accountability and governance framework in place for the City to successfully achieve the eCity Vision by 2015.

This report contains seven recommendations along with a management response to each of the recommendations.  The implementation of these recommendations will improve accountability and assist in providing the proper framework to successfully achieve the eCity Vision.

The Auditor General’s Work Plan included the development of a system of continuous controls monitoring for selected City expenses.  The objective of the Continuous Controls Monitoring Program is to provide periodic reports to management which assist in proactively monitoring financial transactions, detecting unusual expenses and identifying areas where internal controls could be strengthened.

The Auditor General initiated the Continuous Controls Monitoring Program in early 2011.  Initial expenses selected for the application of continuous controls monitoring were employee overtime and mileage reimbursements.  Standby Pay was recently added to the “dashboard” of expenses monitored under the program.

The Auditor General’s Continuous Controls Monitoring Program was initiated with an intent to expand it to include City Agencies and Corporations.  In July 2012, at the request of the Toronto Transit Commission (TTC), the Auditor General provided reports to the TTC Audit Committee on staff overtime, standby pay, mileage reimbursements and meal allowance payments.

Since the initiation of this project in 2011, there has been a consistent decrease in overtime and mileage expenses.  Management indicates that City divisions are monitoring overtime, standby pay and mileage reimbursements on an ongoing basis as part of an effort to reduce operating budgets.

Based on our analysis of January to June 2012 overtime expenses, 2012 annual overtime expenses will likely be in the range of $36 million.  This is a reduction of $5 million from 2011 levels.

Similarly, based on our analysis of mileage reimbursements for the first six months of 2012, annual mileage reimbursements are projected to be approximately $3.5 million which is $400,000 less than 2011 levels.

This report responds to a February 6, 2012, City Council decision for the General Manager, Toronto Water to account for all operating and capital costs incurred by Toronto Water on the Deep Lake Water Cooling project along with the estimated benefits.  The review provides a final and complete disclosure of all project related costs and benefits, particularly the associated energy transfer fees and additional operating costs that were not adequately included in previous reports.

In summary, the costs incurred by Toronto Water as a direct result of the Deep Lake Water Cooling project since the start of the project up to 2011 year-end is $18.1 million.  The total revenue generated from Enwave Energy Corporation during this time period has been $15.2 million ($3.5 million in net operating income and $11.7 million in Energy Transfer Agreement fees).  In addition, approximately $61.5 million of new capital infrastructure has been transferred in title from Enwave to the City.

The purpose of this report is to present the 2011 audited financial statements and management letters of twenty-nine (29) Business Improvement Areas (BIAs) to Audit Committee and City Council for approval.

City Council on July 11, 12 and 13, 2012, considered Executive Committee Item 21.44 on Build Toronto - Annual General Meeting and Audited Annual Financial Statements 2011. In adopting this Item, City Council directed that a copy of Build Toronto's 2011 Audited Annual Financial Statements, Appendix A to Attachment 2 to the report (June 6, 2012) from the City Manager, be forwarded to the Audit and Budget Committees for information.

Financial Statements for Heritage Toronto as at December 31, 2011.

City Council on July 11, 12 and 13, 2012, considered Executive Committee Item 21.1 on Invest Toronto - Annual General Meeting and Audited Annual Financial Statements 2011. In adopting this Item, City Council directed that a copy of Invest Toronto's 2011 Audited Annual Financial Statements, Appendix A to Attachment 2 to the report (May 29, 2012) from the City Manager, be forwarded to the Audit and Budget Committees for information.

City Council on July 11, 12 and 13, 2012, considered Executive Committee Item 21.2 on Toronto Hydro Corporation - Annual General Meeting and Audited Annual Financial Statements 2011. In adopting this Item, as amended, City Council referred Toronto Hydro Corporation’s 2011 Audited Consolidated Annual Financial Statements to the Audit and Budget Committees for information.

City Council on October 2 and 3, 2012, considered Executive Committee Item 22.3 on Casa Loma Corporation - Annual General Meeting and Audited Annual Financial Statements 2011. In adopting this Item, City Council directed that a copy of the Casa Loma Corporation 2011 Audited Annual Financial Statements in Attachment 1 to the Report (August 21, 2012) from the City Manager be forwarded to the Audit and Budget Committees for information.

Randy McLean, Acting Director, Strategic Growth and Sector Development, Economic Development and Culture, gave a presentation to the Economic Development Committee on Holiday Shopping.

The Economic Development Committee recommends that:

1.         City Council direct the Executive Director of Facilities Management to exercise the option to purchase The Cathedral Church of St. James Clock Mechanism from David Abernethy and secure it in existing storage for future use and that the necessary funds be provided from the Facilities Management Operating Budget and be subject to a reasonable negotiated cost.

The process of redistributing outstanding property taxes from one parcel of land to many newly created properties following a severance or re-development of land is referred to as “the apportionment of taxes”.

This report deals with 21 tax apportionment applications made by the Treasurer or to the Treasurer by an owner of land pursuant to section 322 of the City of Toronto Act, 2006, for the properties listed in Appendices A and B (attached).  

The legislation requires Council to hold a public meeting at which the applicants and / or property owners may express any concerns.  Council has delegated authority to hold such public meetings to the Government Management Committee. 

Staff have mailed Notices of Hearing to affected taxpayers advising of the upcoming hearing before the Government Management Committee.

The report deals with applications filed for tax relief under the City's Property Increase Tax Deferral/Cancellation Programs for Low-Income Seniors and Low-Income Disabled Persons for a single property located in Ward 36 – Scarborough Southwest.  As the staff recommendations and details of the applications contain personal information about identifiable individual(s), this information is provided in a confidential attachment to this report.

City Council considered GM10.15 on February 6 and 7, 2012 and directed staff to suspend IPAC Paving Inc., Sebastian Corbo, as an individual, and any entities owned, directed or controlled by Sebastian Corbo from being awarded or granted any future City contracts until the courts had rendered a final decision regarding the charges laid against Sebastian Corbo with respect to several Criminal Code offences, and all appeals had been exhausted or until all of the charges against Sebastian Corbo had been withdrawn.

The purpose of this report is to inform City Council of the final decision regarding the charges against Sebastian Corbo and to recommend that the suspension continue permanently. 

This report also informs City Council of a reserve right clause that Purchasing and Materials Management Division will add to all of the City's future procurement call documents reserving the right to Council not to award to the lowest bidder or highest scoring proponent where making such an award would undermine the business reputation of the City or undermine the public's confidence in the integrity of the City's procurement process as a result of the City having knowledge or information of criminal or quasi-criminal activity (including, without limitation, knowledge or information in relation to existing criminal or quasi-criminal charges or convictions) regarding that bidder/proponent.

This staff report addresses a request by City Council at its meeting on June 6, 7 and 8, 2012 for the Director of Fleet Services, City of Toronto and the Chief Executive Officer of the Toronto Community Housing Corporation (TCHC) to report to the Government Management Committee on a process to integrate TCHC's automotive fleet into the City's fleet.

Following consultations with City staff in Fleet Services; Legal Services and Corporate Finance, the City and TCHC have agreed that the City of Toronto should take over management of and assume ownership of TCHC's fleet and its subsidiary, Housing Services Inc. (HSI).  Fleet Services' existing organizational structure will address TCHCs' fleet deficiencies such as internal controls and management oversight as identified in the Auditor General's review (February 6, 2012) and provide access to lower prices for vehicles, fuel, parts and insurance as well as established policies and procedures.

It is anticipated that transfer of management and ownership of TCHC's fleet to Fleet Services can commence on January 1, 2013 or as soon thereafter as possible.

This report seeks authority to expropriate several property requirements as identified in Appendix "A" and illustrated on Appendix "C" for the Leslie Street connection track to the new Ashbridges Bay light rail vehicle maintenance and storage facility. Temporary and permanent easements are required for the installation and maintenance of overhead contact system support poles and for a construction compound to relocate a sanitary sewer located beneath Leslie Street.

The purpose of this report is to inform City Council of the progress of the Yard Property Utilization Initiative – Toronto-East York, Scarborough and North Districts.

This report recommends the terms of transfer to Build Toronto of 3 properties previously declared surplus:  part of 4610 Finch Avenue East; part of 2000 and 2002 Lake Shore Boulevard West; and lands located north of Dale Avenue and west of Kingston Road.

By the adoption of GM13.7 on May 8 and 9, 2012, City Council directed that prior to reporting to Government Management Committee and City Council on the transfers of land to Build Toronto, the Director of Real Estate Services consult with the Chief Planner and Executive Director and the Ward Councillor to consider if the conveyance of a stratified portion of the land is appropriate in the circumstances and consistent with the Official Plan for possible inclusion in the terms of transfer.  Consultations are still on-going with respect to developing a general policy framework for the application of strata title for properties to be transferred to Build Toronto and it is anticipated that this policy report would be brought forward early in 2013 and would include review of the option of pre-zoning properties.

This report provides information requested by Council on November 29, 2011, following consideration by Audit Committee on October 20, 2011, of the Auditor General's August 25^th, 2011 report on the red light camera program.

The purpose of this report is to seek Council approval to proceed with the City of Toronto E-mail Strategy that is presented in the Confidential Attachment 1. The strategy describes a plan that entails a future procurement, with the economic interests of the City protected by keeping this information confidential until such time as the procurement negotiations are concluded.

This report requests authority to negotiate and enter into a 5-year single source contract with Oracle Canada ULC for the supply, delivery and maintenance and support of Oracle licences. The 5-year contract term will be effective January 1, 2013 to December 31, 2017, in the amount not to exceed $24,777,203.53 net of HST recoveries, and in a form satisfactory to the City Solicitor.

The Government Management Committee recessed its public session and met in closed session to consider this item as it relates the security of the property of the municipality or local board.

The purpose of this report is to provide information on the results of Request for Proposal No. 0602-12-0113 for the supply and delivery of Groceries, Frozen Foods, Seafood, Meat and Meat Products to various Homes as and when required by the Long-Term Care Homes and Services Division and to request authority to negotiate and enter into a legal agreement with the recommended proponent, Gordon Food Service, being the highest scoring proponent. 

This contract award is within the delegated authority of the Government Management Committee pursuant to Toronto Municipal Code Chapter 195, Purchasing, Section 195-14C.

The purpose of this report is to request authority to enter into a sole source contract with Zamboni Company Limited (Zamboni) being the only authorized dealer for the supply of proprietary parts and services to Zamboni Ice Resurface Machines, Ice Conditioner Boxes and Zamboni Ice Edgers in the total amount of $563,000 net of HST and ($572,908.80 net of HST recoveries) for a period of three years from November 1, 2012 to October 31, 2015.

City Council approval is required in accordance with Municipal Code Chapter 195-Purchasing, where the current request will exceed the Chief Purchasing Official's authority of the cumulative five year commitment limit under Section 1 of the Purchasing By-Law and also exceed the threshold of $500,000 net of HST allowed under staff authority as per the Toronto Municipal Code, Chapter 71-Financial Control, Section 71-11.

The purpose of this report is to respond to a request from the Licensing and Standards Committee to consider eliminating the provisions in Toronto Municipal Code Chapter 545, Licensing, that require barbers to hold a Certificate of Qualification from the Province of Ontario.

The Ontario Apprenticeship and Certification Act, 1998 requires that all individuals professionally practising a restricted skill set, such as barbers, hold a Certificate of Qualification. Regardless of any municipal licensing requirement, barbers practising their trade lawfully in Ontario must hold a Certificate of Qualification.  Municipalities do not have the authority to exempt barbers from this provincial statute.

The Municipal Code Chapter 545, Licensing governing Barber shop licensing, does not require that barber shop business owners be subject to requirements regarding Certificates of Qualification if they do not practice the trade themselves.

The Ontario Ministry of Training, Colleges and Universities, and the City Solicitor were consulted in the preparation of this report.

The Licensing and Standards Committee requested the Executive Director, Municipal Licensing and Standards, to submit a report to City Council on November 27, 2012, on Section 2(a) VI to ensure fairness on how the fee is applied.

The purpose of this report is to recommend a new Clothing Drop Box By-law to govern the placement and operation of clothing drop boxes within the City.  The By-law requires that all operators of clothing drop boxes, whether for profit or for charitable purposes, obtain a permit for each box, and such permit be issued pursuant to conditions specified in the permitting process, including authorization letters from property owners, and maintenance standards. 

Transportation Services, Solid Waste Management, Real Estate Services, and Legal Services were consulted in the preparation of this report, as well as industry stakeholders.

The Parks and Environment Committee referred the proposed Consolidated Funding Plan outlined in the report (September 28, 2012) from the General Manager, Parks, Forestry and Recreation, to the 2013 operating budget process for consideration.

The Parks and Environment Committee requested the General Manager, Parks, Forestry and Recreation, to submit to City Council, for its meeting on November 27, 2012, a City-wide aerial map of treatment areas.

The Planning and Growth Management Committee held a public meeting on November 8, 2012, and notice was given in accordance with the Planning Act.

The Planning and Growth Management Committee held a public meeting on November 8, 2012, and notice was given in accordance with the Planning Act.