Agenda

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Declarations of Interest under the Municipal Conflict of Interest Act

Confirmation of Minutes - May 1, 2019

Speakers/Presentations - A complete list will be distributed at the meeting.

Communications/Reports

The Deputy City Manager, Infrastructure and Development Services recommends that:

1.  Executive Committee direct the Deputy City Manager, Infrastructure and Development Services to undertake a comprehensive review of the Quayside Master Innovation and Development Plan, along with the related Waterfront Toronto Board decision, in consultation with relevant City divisions and agencies, and report back to the Executive Committee by the end of the second quarter of 2020.

 
2.  Executive Committee direct the Deputy City Manager, Infrastructure and Development Services to undertake a comprehensive public and stakeholder consultation program as part of the City's review of the Quayside Master Innovation and Development Plan, as outlined in this report.

 
3.  Executive Committee direct the Chief Information Officer and City Clerk, in consultation with appropriate City staff, to report to the Executive Committee, by the end of the fourth quarter of 2019 on the development of a City-wide policy framework and governance model associated with digital infrastructure and data, such as Smart Cities, and a work plan for implementation, to be used in evaluating the Quayside Master Innovation and Development Plan.

The purpose of this report is to provide an update on Quayside, a project of Waterfront Toronto, working with Sidewalk Labs. It describes Waterfront Toronto's decision-making process for the upcoming Master Innovation and Development Plan being prepared by Sidewalk Labs. In addition, it outlines a proposed work plan for the City's review of the Master Innovation and Development Plan, as well as progress on a City-wide digital infrastructure policy framework and governance model, to be used in reviewing the Master Innovation and Development Plan.

The report is presented now so that there will be a City work plan in place when Sidewalk Labs provides the Master Innovation and Development Plan to Waterfront Toronto for its release.  If adopted, the recommendations would enable the work plan proposed by City staff.

Quayside is a 4.8 hectare (12 acre) parcel of land on Toronto’s waterfront, located at Queens Quay Boulevard East and Parliament Street. Through a competitive Request for Proposals process, Waterfront Toronto has engaged Sidewalk Labs to develop a proposal for these lands – called a Master Innovation and Development Plan or Master Innovation and Development Plan. The Master Innovation and Development Plan is expected to outline a vision for the Quayside site and make specific proposals related to sustainability, buildings, public realm, mobility, economic development, housing affordability, social infrastructure, and digital infrastructure and data governance. Staff anticipate that the Master Innovation and Development Plan will also explore the potential of implementing selected technologies and innovations beyond the Quayside site, as contemplated in the Waterfront Toronto Request for Proposals. This may include a proposal for a Sidewalk Labs development in the western portion of Villiers Island, including an expanded Google Canada headquarters, as well as provision for other technology and innovation companies and organizations. Further, the Master Innovation and Development Plan may propose roles for Sidewalk Labs in advising Waterfront Toronto, on deploying technology and in financing infrastructure beyond the Quayside site.

Not unlike other large City-building initiatives, the Quayside project presents both opportunities and challenges. Quayside has the potential to accelerate the City's goals and objectives for the waterfront and the broader city through the implementation and demonstration of leading innovations in City-building. More broadly, the project may contribute to Toronto's business, government, academic and social sectors, bringing ideas, investment and jobs to areas of innovation, such as information technology, planning, design and construction.  

The project, however, is not without its challenges, including questions related to data privacy and governance, and the geographic scope of the project. City divisions and agencies would undertake a thorough review of the Master Innovation and Development Plan, identifying both its potential opportunities and challenges, using the evaluation criteria presented in this report. The City's analysis will build on the review that will be conducted by Waterfront Toronto, and it would be informed by public and stakeholder consultation.

Over the course of the drafting of the Master Innovation and Development Plan, staff of the City, Provincial and Federal governments have provided Waterfront Toronto and Sidewalk Labs with preliminary comments on work in progress. Meetings have been high level discussions based only on limited information, for the purpose of understanding, without prejudice, the proposals relative to applicable government legislation and regulation, City plans, policies and by-laws.

The process and anticipated timeline for Waterfront Toronto's review and consideration of the Master Innovation and Development Plan is expected to be:

- Sidewalk Labs will provide the Master Innovation and Development Plan to Waterfront Toronto;

- Waterfront Toronto will publicly release the document after completing an assessment to confirm that the Master Innovation and Development Plan submission is complete;

- Waterfront Toronto will host a series of public and stakeholder consultation meetings in the third quarter of 2019;

- Waterfront Toronto will complete its evaluation of the Master Innovation and Development Plan by the end of the fourth quarter of 2019; and

- Waterfront Toronto's Board of Directors will consider the Master Innovation and Development Plan, as well as recommendations from Waterfront Toronto management in late 2019 or early 2020.
 

If Waterfront Toronto's Board of Directors decides to pursue the Master Innovation and Development Plan in late 2019 or early 2020, in whole or in part, City staff would complete a work program that would culminate in a report to the Executive Committee, anticipated in the second quarter of 2020.

The Master Innovation and Development Plan is expected to be large, complex and unique, and will require several months of analysis. The following inputs would inform the City's work program:

- Waterfront Toronto's Master Innovation and Development Plan evaluation and Board direction;
- Local and global precedents;

- Results of public and stakeholder consultation processes;

- Provincial and Federal government consultation;

- Comments from City divisions and agencies; and

- Where necessary, input from consultants and subject matter experts, particularly with respect to analysis of the Master Innovation and Development Plan business case, digital infrastructure and data governance. 
 

See Figure 1, for a process map related to the above.

Figure 1: Anticipated Master Innovation and Development Plan Review Process

(See Figure 1 titled "Anticipated Master Innovation and Development Plan Review Process in the Summary section of the report dated June 3, 2019

from the Deputy City Manager, Infrastructure and Development Services)

Staff would evaluate the Master Innovation and Development Plan and Waterfront Toronto Board decision based on the following criteria:

a.  Alignment with City plans, policies and guidelines;

b.  Alignment with procurement policies and best practices;

c.  Alignment with good governance best practices;

d.  Feasibility and desirability of business case proposals;

e.  Innovation in the achievement of City goals;

f.  Potential for community benefits; and

g.  Alignment with existing and emerging government digital infrastructure and data governance policies.
 

City staff anticipate hosting public and stakeholder consultations in the first quarter of 2020 focussed on the City's interest, after the Waterfront Toronto Board has considered the Master Innovation and Development Plan. City staff would retain the services of a professional public consultation facilitator. Public meetings would be held throughout the City and would be webcast.

Given the significance of questions related to data privacy and governance, the City's review of the Master Innovation and Development Plan would also be informed by a City of Toronto digital infrastructure policy framework and governance model as well as Provincial and Federal policy frameworks on digital strategy and data governance as they become available. The City's policy framework is under development by the Chief Information Officer, working with the City Clerk, and will address these issues from a city-wide perspective. Public and stakeholder consultation meetings for this broader digital infrastructure policy context will begin in the third quarter of 2019, and staff will report to the Executive Committee on progress by the end of the fourth quarter in 2019. The digital infrastructure policy framework and governance model would therefore be an important tool in evaluating the Master Innovation and Development Plan.

Should Waterfront Toronto's Board decide to pursue the Master Innovation and Development Plan, in whole or in part, and should Council decide to pursue all or parts of the Master Innovation and Development Plan in response to the second quarter 2020 staff report, implementation of the approved portions of the Master Innovation and Development Plan would still be subject to numerous phases of approvals by all three orders of government. This also may lead to legislative and policy changes from governments. The precise list of regulatory and non-regulatory application processes that would be required for the project to proceed would be determined by the City, Provincial and Federal governments as the Master Innovation and Development Plan is reviewed. Business and Implementation Plans for the affected areas would need to be prepared and considered by Council. In addition, beyond Quayside, any use of City-owned land would be subject to additional procurement; CreateTO, with support of applicable City staff, would work with Waterfront Toronto, as appropriate, to identify procurement options, and would report to Council in the second quarter of 2020 as part of the comprehensive review of the Master Innovation and Development Plan.

Staff anticipate that additional temporary staff and specialty consultants will be needed to assist in the areas of project management and public consultation, as well as research and analysis related to digital infrastructure, data management, financial and legal issues. The costs associated with this work would be addressed through the Waterfront Revitalization Initiative Capital Budget.

In 2018, the City's involvement in Quayside was limited to staff time, including the equivalent of 2 Full Time Equivalents in the Waterfront Secretariat (City Planning).

In 2019, staff anticipate that up to $800,000 would be required for dedicated temporary staff positions and consulting projects related to project management, public consultation and research and analysis. As shown in Figure 1 below, the costs would be allocated towards external consultants and two temporary positions, one in Information and Technology Division, and the other in Waterfront Secretariat, to support the project for one year. The cost of the consultants and the two temporary positions would be fully funded by the 2019 Approved Waterfront Revitalization Initiative Capital Budget.

External consultants would be retained to manage the comprehensive public and stakeholder consultation program described later in this report. Information and Technology would retain a consultant to undertake research on precedents and best practices related to digital infrastructure. The City Clerk would retain a consultant to assist with data governance and privacy protection, to provide a foundational framework of policies, standards and systems that would reinforce public confidence and trust in the City's priorities on innovation and sustainability, as well as the well-being of residents and visitors. In addition, specialist financial and legal advisors would be retained to provide advice related to any financial and legal transaction mechanisms that staff are not familiar with.

Figure 2:  Summary of Work Plan Budget

The $800,000 of debt funding would be re-allocated from the Precinct Implementation Projects (CWR003-10) through the Capital Variance Report for the Four-Month Period Ended April 30, 2019. The funds were initially planned for the reconfiguration of the Parliament and Queens Quay East intersection which are now on hold pending future decisions related to Quayside, and would be referred to future budget processes.

Should additional financial resources be required in 2020 and beyond, staff would report on this through the 2020 and future Capital Budget processes which would be considered and prioritized against other City-wide capital projects, both funded and unfunded, as well as the City's financial and resource capacity to deliver additional infrastructure works.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Manager recommends that:

1.  City Council receive this report for information.

At its meeting of January 30, 2019, City Council adopted MM2.10 Protecting the City of Toronto against potential impacts of the Government of Ontario's Bill 66, and directed staff to report to City Council on the impacts on the City of Toronto following adoption of Bill 66, Restoring Ontario's Competitiveness Act, 2019. In its decision, City Council also expressed its opposition to Schedules 3, 5, 9, and 10 of the Bill, which was communicated to the Province. 

Bill 66 received Royal Assent on April 3, 2019. Staff have reviewed the final legislation and identified the following schedules as having implications for the City:

-  Schedule 2 - Repeal of the Pawnbrokers Act
-  Schedule 3 - Amendments to the Child Care and Early Years Act and Education Act
-  Schedule 5 - Repeal of the Toxics Reduction Act
-  Schedule 8 - Long-Term Care Homes Act
-  Schedule 9 - Amendments to the Labour Relations Act

 
At the time of the Bill's introduction, staff had also noted Schedule 10 – Amendments to the Planning Act as having potential implications for the City. However, this schedule was voted down by the standing committee of the legislature and the proposed amendments to the Planning Act were not included in the final version of Bill 66 that received Royal Assent.

This report provides an overview of those sections of Bill 66 where staff have identified implications, with the exception of Schedule 9, amendments to the Labour Relations Act. The impacts to the City of Schedule 9 are the subject of a separate report going forward to the June 6, 2019 Executive Committee meeting.

There are no financial implications associated with this report.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Manager recommends that:  

1. City Council take no action, thereby confirming the City of Toronto as a non-construction employer effective the day subsections 127 (1) to (4) of the Labour Relations Act, 1995 come into force.

2. City Council direct the City Manager in consultation with the Chief Financial Officer and Treasurer and Deputy City Managers, to report back on the financial and program impacts to the City being a non-construction employer.

3. City Council direct that the confidential information contained in Confidential Attachment 1 remain confidential in its entirety, as it pertains to labour relations and potential litigation that affects the City of Toronto.

On April 2, 2019, Restoring Ontario's Competitiveness Act, 2019 (the Act) passed third reading and received Royal Assent on April 3, 2019.

This report provides an overview of the changes made to the Labour Relations Act, 1995 by Schedule 9 of the Act and analyses the anticipated impact on the City of Toronto. The impacts of other sections of the Act are addressed in a separate report for information titled "Bill 66, Restoring Ontario's Competitiveness Act, 2019 - City Impacts".

Schedule 9 amends Section 127(1) of the Labour Relations Act, 1995 by deeming public bodies, including municipalities, school boards, hospitals, colleges, universities and local boards, within the meaning of the Municipal Act, 2001 and the City of Toronto Act, 2006, as non-construction employers.

It also provides a mechanism through which municipalities who wish to remain as construction employers may opt out of the application of the section within three (3) months from April 3, 2019.

The City is bound to nine province-wide collective agreements in the Industrial, Commercial and Institutional sector of the construction industry.

As a result, the City has until July 3, 2019 to decide if it will choose to opt-out and remain a construction employer. This authority to opt-out requires a Council decision. If the City does nothing, it will, by default, become a non-construction employer and the province-wide collective agreements that the City is bound to in the Industrial, Commercial and Institutional sector will no longer apply to the City.

If Council decides to opt out and the notice of election is filed with the Ministry, the election is irrevocable.  Should the City wish, at a later date, to be deemed a non-construction employer, it must make application to the Ontario Labour Relations Board under the existing definition of non-construction employer in the Labour Relations Act and, the Ontario Labour Relations Board must determine that the City meets the high threshold within the Labour Relations Act.

The City is party to nine construction trade union collective agreements in the Industrial, Commercial and Institutional sector.  The City is not bound to collective agreements for its construction work in other sectors. 

In 2018, the City awarded approximately $2.6 billion in contracts for all goods and services, of which approximately $1.8 billion was construction contracts.  $616 million of those construction contracts were in the Industrial, Commercial and Institutional sector.

Table 1: City of Toronto Total Awarded Construction Contracts for 2018 by designated Construction Sectors

Although the City is generally subject to collective agreements in the Industrial, Commercial and Institutional sector, the construction industry in Toronto is highly unionised such that the City's construction tenders in the non-Industrial, Commercial and Institutional sector also primarily get awarded to unionised general contractors as demonstrated in Table 2 below.  In the Industrial, Commercial and Institutional sector, non-unionised general contractors must utilize subcontractors unionised with the trades to which the City's is bound by collective agreements for related work. 

Table 2: Construction Contracts Awarded in 2018

There are various studies that indicate increasing competition in procurement has the potential to lower costs. The studies vary substantially in their estimate of resulting savings from increasing competition.  The estimated savings range from 2 percent to as high as 30 to 40 percent.[1] The European Study cited a range of savings between 2 to 10 percent, while the studies by Cardus cited a range of savings between 8 percent and 40 percent.  In attempting to extrapolate from the studies, it is important to note that the City's Fair Wage Policy and the prescribed wage schedules closely mirror prevailing collective agreement rates.  This is not the case in many jurisdictions.

Competitive bidding on construction projects involves inherent uncertainty for each bidder. There are numerous interrelated factors that go into any particular bid, especially in respect of large scale work (such as materials cost, labour, value and pricing of work to be performed by sub-contractors, equipment, supervision, mark-up on return, overhead and return on investment).  Projects differ in size, specialization and location.  Projects of the same size may differ substantially in specifications.  Similar projects built at different times or in different locations may face shortages or surplus of labour or materials arising from the overall state of the economy and/or industry conditions. As a result it is difficult to assess the potential savings from becoming a non-construction employer.

Savings at the low end of the range noted in the studies (i.e. 2 to 8 percent), would translate to approximately $12.0 million to $48.0 million per year in savings (or funds available for additional construction projects), based on approximately $600 million of industrial, commercial and institutional Industrial, Commercial and Institutional construction work per year. 

However, it is unclear how much increased competition the City will receive on its construction tenders as a result of becoming a non-construction employer and consequently it is not possible to determine with any certainty what, if any, savings will result.  

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

[1] See for example Brian Dijkema, Dr. Morley Gunderson, Restrictive Tendering: Protection for Whom?  Cardus (2017) https://www.cardus.ca/research/work-economics/reports/restrictive-tendering-protection-for-whom/ and Brian Dijkema, Shortchanging Ontario Cities, Cardus (2018) https://www.cardus.ca/research/work-economics/reports/shortchanging-ontarios-cities/,  Lukas Vogel, Macroeconomic effects of cost savings in public procurement, European Union Economic Papers 398 (November 2009) http://ec.europa.eu/economy_finance/publications/pages/publication16259_en.pdf

The City Manager recommends that:  

1.  City Council authorize the City Manager in consultation with the Chief Financial Officer and Treasurer, to apply for federal funding under the Disaster Mitigation and Adaptation Fund for approved City Council capital projects that meet the funding eligibility criteria and completion timelines, including any additional rounds of intake announced by the Government of Canada.

 
2.  City Council grant approval to receive the funds, if any, from Disaster Mitigation and Adaptation Fund contemplated by Recommendation 1 above.

 
3.  City Council authorize the Mayor to enter into and execute any agreements, including any amendments thereto, with the Government of Canada under the Disaster Mitigation and Adaptation Fund on terms and conditions satisfactory to the City Manager and the Chief Financial Officer and Treasurer, and in a form satisfactory to the City Solicitor.

The Government of Canada's Disaster Mitigation and Adaptation Fund is a $2.0 billion national competitive capital contribution funding program aimed at supporting large-scale infrastructure projects to help communities better manage the risks of disasters triggered by natural hazards. In July 2018, the City of Toronto submitted six projects for approval through the first intake process based on City Council approved budgets and plans, with consideration for the Disaster Mitigation and Adaptation Fund program requirements and application deadlines.

To date, the City has received approval in principle for the Midtown Toronto Relief Storm Sewer project under Disaster Mitigation and Adaptation Fund. This project is an important part of the City's Wet Weather Flow Master Plan and Basement Flooding Protection Program. It will greatly increase the resilience of the project area to basement flooding, reduce disruption to transportation networks caused by surface flooding and reduce combined sewer overflows to the environment. Through Disaster Mitigation and Adaptation Fund, the federal government will contribute up to 40 percent of eligible project costs to a maximum of $37.16 million in funding towards the Midtown project. The City will contribute the remaining project costs, currently estimated at $82.84 million.

This report provides an update on the Disaster Mitigation and Adaptation Fund program and seeks City Council approval for the Mayor to execute contribution agreements for projects that are successful in receiving Disaster Mitigation and Adaptation Fund funding, including the Midtown Toronto Relief Storm Sewer project.

The federal government through the Disaster Mitigation and Adaptation Fund will provide the City of Toronto with $37.16 million in funding for the Midtown Toronto Relief Storm Sewer project. The City of Toronto will contribute $82.84 million towards the project. The estimated total cost of the project is $120 million which is currently fully funded within Toronto Water’s 2019 Capital Budget and 2020-2028 Plan. Toronto Water Reserve Funds currently allocated to the Midtown Toronto Relief Storm Sewer project will be offset by the Disaster Mitigation and Adaptation Fund funding and will be reallocated as part of the 2020 Capital Budget Process.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Deputy City Manager, Infrastructure and Development Services recommends that:

1.  City Council receive this report for information.

This report responds to City Council’s request for the City Manager and the Chief Executive Officer, Toronto Transit Commission to provide regular updates on the status of engagement with the Province regarding the realignment of transit responsibilities.

Recent engagement with the Province has focused on the assessment of the Province's proposed changes to Toronto’s transit expansion program, including opportunities to advance funding from the Investing in Canada Infrastructure Plan – Public Transit Infrastructure Fund Phase 2, and the significance and criticality of the $33.5 billion state of good repair needs as reflected in the Toronto Transit Commission Capital Improvement Plan.

City and Toronto Transit Commission staff have met with staff from Metrolinx and Infrastructure Ontario several times throughout the end of April and month of May to gain an understanding of the Provincial transit proposal. The conceptual plans that the Province has presented to City and Toronto Transit Commission staff have some positive aspects that could improve Toronto Transit Commission's rapid transit service and merit more analysis. The Ontario Line concept proposed by the Province is at an early stage of design. The Province has also committed to the Line 2 East Extension as a multiple-stop option, similar to that considered by Council in July 2016 (Item 2016.EX16.1).

The Province has confirmed its support for two of the City’s priorities for Investing in Canada Infrastructure Plan – Public Transit Infrastructure Fund Phase 2 funding: the SmartTrack Stations Program and the Bloor-Yonge Capacity Improvement project. Toronto’s endorsement of the additional Provincial transit priorities for Investing in Canada Infrastructure Plan – Public Transit Infrastructure Fund Phase 2 is subject to the completion of the assessment and further direction from City Council.

This report also provides an overview of Bill 107 - Getting Ontario Moving Act, which affects the City of Toronto's transit responsibilities. When enacted, Bill 107 will give authority to the Lieutenant Governor in Council to designate rapid transit projects by regulation as either "Sole Responsibility Projects" of Metrolinx or as being subject to Ministerial authority. On May 15, 2019 the Province posted a draft regulation that would designate three projects as being Sole Responsibility Projects: the Relief Line (North and South); the Line 2 East Extension; and the Line 1 Yonge Extension.

Continued engagement with the Province remains critical to providing City and Toronto Transit Commission staff the opportunity to discuss a wide-range of ongoing topics including:

- conducting the assessment of the Province's transit proposal;

- intergovernmental funding decisions under the Investing in Canada Infrastructure Plan – Public Transit Infrastructure Fund Phase 2;

- funding requirements for the state of good repair of the existing network; and

- ensuring meaningful public consultation is conducted including the necessity of consultation with local communities regarding the Province’s transit proposal.

 
This report was prepared in consultation with the Chief Executive Officer of the Toronto Transit Commission.

There are no financial implications arising from the recommendations in this report.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Manager recommends:

1.  City Council direct the City Manager to explore with the Association of Municipalities of Ontario options for more formal participation by the City of Toronto in Association of Municipalities of Ontario while retaining its direct government to government relationships and its ability to enter into direct intergovernmental agreements.

2.  City Council direct the City Manager to continue to actively look for opportunities for City of Toronto staff to collaborate with Association of Municipalities of Ontario on issues of mutual interest including on Association of Municipalities of Ontario working groups and steering committees.

City Council at its May 14, 2019 meeting adopted MM7.2, Effective Collaboration with Ontario Municipalities, which directed the City Manager to report back to the June 6, 2019 Executive Committee on the intergovernmental relationship and economic benefits of rejoining the Association of Municipalities of Ontario, as well as possible costs and time frames involved in rejoining the Association.

This report responds to City Council's direction.

There are no financial implications associated with this report.

If the City were to join the Association of Municipalities of Ontario, annual membership fees for 2019 would be $131,008. Association of Municipalities of Ontario does not allow annual membership fees to be prorated. This would be an added cost that the City has not budgeted for. Association of Municipalities of Ontario may also levy additional fees to administer programs on behalf of its membership.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Manager recommends that:  

1.  City Council reiterate its requests to the Government of Canada to:

a.  ban the sale of handguns in the City of Toronto;

b.  prohibit the availability, sale, possession and use of handguns, assault rifles and semi-automatic firearms in Canada, with the exception of the Canadian Armed Forces, police services or other entity that is authorized to possess firearms with legal obligations imposed by the municipal, provincial and federal governments;

c.  require firearms dealers to record the licence number, make, model and serial number of all firearms sold and subject these records to annual inspection so that police services can inspect records as needed to trace firearms used in crimes;

d.  create more stringent transport provisions for restricted firearms to limit transport outside of direct transfers between their place of storage and approved destination;

e.  implement tougher screening for mental health and intimate partner violence issues for licensed gun owners and those seeking to acquire firearm permits;

f.  create gun repositories that require all long guns and hand guns to be locked up and only retrieved if and where there is a need for hunting or going to the range for target practice, such repositories to be developed in a private-public partnership;

g.  direct more resources to tackle domestic firearm trafficking, specifically targeting large single purchasers of firearms;

h.  control guns coming into Canada along the American and Canadian border; and

i.  include tougher penalties including mandatory-minimum sentences for gun traffickers.

2.  City Council reiterate its requests to the Government of Ontario to:

a.  ban the sale of handgun ammunition in the City of Toronto; and

b.  legislate a suspension of the Alcohol and Gaming Commission liquor licence for establishments where the Toronto Police Service has evidence of multiple gun-related offences occurring on the premises.

City Council through its adoption of CC44.14, MM44.6, MM38.8 and MM19.41 requested staff to report back on 17 directions related to firearms and ammunition in Toronto, including a request to review the City's legislative powers, by-law and/or policy initiatives to regulate the sale of handguns and/or the sale, storage and use of ammunition; and to assess the regulation of fireworks to see if similar regulations can be used to regulate or limit the sale of ammunition (Attachment 1).

In preparing this report, staff reviewed the federal and provincial legislative framework that regulates the sale, storage and use of firearms (including handguns) and ammunition, past staff reports and the relevant practices of 18 other Canadian local governments to explore what powers may be available to the City to regulate handguns and ammunition.  

The regulation of handguns and ammunition is within federal jurisdiction, with implementation responsibilities delegated to Provinces, and to some extent within the property and civil rights jurisdiction of the Provinces. Within the current legislative framework, there is little jurisdictional room for the City to act without conflicting with or frustrating the current federal and provincial regulation of firearms and ammunition. The exceptions to this are the authority delegated by the Province to the City to regulate the discharge of firearms, and the recognition of City by-laws related to shooting ranges in the federal Firearms Act. Within its limited authority, the City has prohibited the discharge of firearms outside of shooting ranges, and prohibited new shooting ranges in Toronto through a zoning by-law amendment.

Given the legislative framework, the City has also requested action by the federal and provincial governments to limit the supply of handguns and ammunition within City boundaries. In 2018, Council requested a number of federal and provincial legislative amendments, including a ban on handguns, assault rifles and semi-automatic firearms. This report recommends that key requests by Council to the federal and provincial governments are reiterated.

If Toronto and other municipalities were to be given the authority to ban handguns and assault-style weapons, it would likely be done through a delegation of authority from the federal government to the Province. In turn, the Province would authorize municipalities to make the decision to ban these firearms within their boundaries.

This report also includes information requested by City Council on the City's approach to businesses with known incidents of gun violence, the implementation of a Toronto gun buy-back program, the seize-and-destroy procedure used for confiscated guns, information about gun clubs with shooting ranges, and an update on the acquisition of ShotSpotter technology. This information is provided in the report.

There are no financial implications resulting from the adoption of this report.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Manager recommends that City Council:

1. Consider the Toronto Atmospheric Fund Board of Directors' request to add one public member to its Board, and either:

a. amend the composition of the Toronto Atmospheric Fund Board of Directors' to add one public member, which would result in an 11-member Board made of the Mayor or Council-Member designate, two Council Members and eight public members; 

OR

b. advise the Toronto Atmospheric Fund Board of Directors that City Council does not support amending the composition of the Toronto Atmospheric Fund Board by adding one public member.

2. Consider the Toronto Atmospheric Fund Board of Directors' request to allow at least one of its public members to be a non-Toronto resident that resides in the Greater Toronto and Hamilton area; and either:

a. amend the composition of the Toronto Atmospheric Fund Board of Directors' to allow one of its public members to be a non-Toronto resident that resides in the Greater Toronto and Hamilton area.  

OR

b. advise the Toronto Atmospheric Fund Board of Directors that City Council does not support amending the composition of the Toronto Atmospheric Fund Board to allow one of its public members to be a non-Toronto resident.

At its April 30, 2019 meeting, the Board of Directors of the Toronto Atmospheric Fund requested City Council amend the composition of its Board in two ways. One amendment would add one public member to its Board, which would bring its Board membership to 11 members (three Council Members and eight public members), as specified in the Toronto Atmospheric Fund Relationship with the City of Toronto, and which the Board feels is consistent with best practice of having an odd number of voting members. The Toronto Atmospheric Fund Board also requested an amendment that would permit at least one public member of its Board to be a non-resident of Toronto, to reflect Toronto Atmospheric Fund's increased mandate across the Greater Toronto and Hamilton Area that has been made possible through a 2017 endowment contribution from the Government of Ontario. This report provides alternative wording to the recommendations presented by the Toronto Atmospheric Fund Board, should Council wish to support or reject either amendment.

There are no financial implications resulting from the implementation of the recommendations in this report.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The Deputy City Manager, Corporate Services and the Chief Planner and Executive Director, City Planning recommend that:

1.  City Council endorse the Master Plan for 1627 and 1675 Danforth Avenue (the Property) as set out in Attachment 4 of this report entitled "1627 and 1675 Danforth Avenue - Danforth Garage Master Plan - Final Report", dated May 23, 2019.

2.  City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO to continue to work with the Toronto Transit Commission, Real Estate Services, and City Planning to determine the preferred location for the Toronto Transit Commission administrative functions, which may be at a location other than the Property, and make any necessary changes to the Master Plan to reflect a change in proposed use for Parcel D as shown in Attachment 4 of this report entitled "1627 and 1675 Danforth Avenue - Danforth Garage Master Plan - Final Report", dated May 23, 2019.

3.  City Council request the Chief Planner and Executive Director, City Planning to report to a future Toronto and East York Community Council with Official Plan and Zoning By-law amendments to facilitate the policy framework required to implement the Master Plan direction discussed within this report.

4.  City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO to undertake a feasibility study to explore the viable options for the adaptive reuse of the Danforth Garage facility as a civic hub that:

a.  follows the vision and directions provided by the Master Plan and continues to engage the local community, key internal and external stakeholders in identifying the preferred type of users for the Property;

b.  leverages capital funds from public and private sources to execute the shared vision for the Danforth Garage facility; and

c.  develops a sustainable operating model that, to the extent feasible, does not require annual operating and maintenance support from the City of Toronto.

5.  City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO to further investigate the viable options for an interim use for the Danforth Garage facility, and that a budget for capital and operating expenses be identified for consideration as part of the City's 2020 Capital Budget Plan deliberations.

6.  City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO to explore public and private opportunities and partnerships for the development of Parcels A, B, C and F, including affordable rental housing, as set out in Attachment 4 of this report entitled "1627 and 1675 Danforth Avenue - Danforth Garage Master Plan - Final Report", dated May 23, 2019, including undertaking pre-development work to facilitate these opportunities.

7.  City Council request the Board of Directors of CreateTO to direct the Chief Executive Officer, CreateTO to undertake an environmental investigation for the development to inform an environmental strategy that will facilitate the redevelopment of the Property as envisioned by the Master Plan shown in Attachment 4 of this report entitled "1627 and 1675 Danforth Avenue - Danforth Garage Master Plan - Final Report", dated May 23, 2019.

8.  City Council  to authorize the Deputy City Manager, Corporate Services, in consultation with the Chief Executive Officer of CreateTO, to proceed with the feasibility study, investigation for interim use, and environmental investigation or activities identified in Recommendations 3, 4, 5, 6 and 7. Funding is available in the 2019 Council Approved Capital Budget and 2020 - 2028 Capital Plan for Facilities, Real Estate, and Environment and Energy within the overall project budget of $0.9 million under WBS element CCA266-01 "Strategic Projects - Feasibility".

9.  City Council direct the Deputy City Manager, Corporate Services and the Chief Planner and Executive Director, City Planning, in consultation with the Chief Executive Officer, CreateTO, to report back to Executive Committee in the third quarter of 2020 with an update on the activities outlined above.

At its meeting of January 31, 2018, Toronto City Council ("Council") approved the preferred property located at 1627 Danforth Avenue (the "Danforth Garage") for the consolidation of the current Toronto Police Service 54 and 55 Police District facility.

Council further directed the Deputy City Manager, Corporate Services and the Chief Planner and Executive Director, City Planning to, in summary:

- Convene an interdivisional working group to undertake a Master Plan for the Danforth Garage site, to include community consultations, technical studies, confirmation of required Toronto Transit Commission uses on the property, exploration of other potential partners and uses, and conceptual site plans;

- Report to Executive Committee with a progress report;

- Report to Executive Committee with a business case, including funding strategies, in the first quarter of 2019, to include funding plans for the property redevelopment activities beyond the development of the new consolidated 54 and 55 Police District facility, for which funding is included in Toronto Police Service's 2019 - 2028 Council Approved Capital Budget and Plan; and

 
- Establish a Community Stakeholder Group to provide input into the master planning process;

This report provides the outcome of the Master Plan exercise undertaken in collaboration by CreateTO and the City of Toronto, and provides next steps to advance this city-building initiative.

The Master Plan reviewed the properties at the southeast corner of Danforth Avenue and Coxwell Avenue. These properties included 1577 Danforth Avenue (the Tobias House), 1627 Danforth Avenue (the Danforth Garage), and 1675 Danforth Avenue (the Danforth/Coxwell Toronto Public Library), and are together known as "the Property" for purposes of the Master Plan. While the Tobias House is considered part of the Master Plan site area, it was not contemplated for redevelopment, and primarily included for the purpose of understanding pedestrian movement on the Property and for testing potential impacts from the development proposed for the remainder of the Property.

The Property was developed beginning in 1914 by the Toronto Civic Railways, expanded by the Toronto Transportation Commission (forerunner to today's Toronto Transit Commission) and includes the historic Danforth Carhouse (1914, with additions in 1921 and alterations in the 1960s for a bus garage), which has been determined to have cultural heritage value as one of the few surviving examples in Toronto of a unique building type for the dispatch, repair, and storage of electric streetcars. It contributes to the transportation history of Toronto and the development of Danforth Avenue.

The Property is located within an area identified for intensification within the City's Official Plan.  A small portion of the existing Garage facility is used for the forerunner to today's Toronto Transit Commission's Danforth Transportation and Stations Division and the remainder of the Property contains other forerunner to today's Toronto Transit Commission functions, including storage and maintenance uses, which are presently being or will need to be relocated off of the Property. The Property is one of the largest parcels of land, and largest City-owned parcel of land (approximately 2.0 ha) on Danforth Avenue, and is immediately south of the Coxwell forerunner to today's Toronto Transit Commission subway station. The Property's location presents an opportunity for transit-oriented development and for its redevelopment to catalyze further investment along this portion of Danforth Avenue. 

CreateTO, Real Estate Services and City Planning, in collaboration with forerunner to today's Toronto Transit Commission, Toronto Police Services and the Toronto Public Library, have completed the Danforth Garage Master Plan process. The Master Plan aims to provide a framework to guide the redevelopment of the Property as a multi-use civic hub. It also recognizes that two of the three anchor tenants (Toronto Transit Commission and Toronto Police Services) have specific timeline requirements and budget availability for the delivery of their programs on the Property. While the Toronto Police Services will be proceeding to develop on this site as per the Master Plan directions, there may be the possibility that Toronto Transit Commission will move their anticipated administrative functions to another City-owned location. The Master Plan develops a conceptual block plan that enables a strategically-phased implementation strategy.  This includes prioritizing design and construction work for the Toronto Transit Commission and Toronto Police Services programs with the goal of commencing construction for the Toronto Transit Commission and Toronto Police Services in the first phase, while making the Property available for public use with interim uses (such as markets, arts festivals, community space) in the portion of the Danforth Garage facility currently used for storage by the Toronto Transit Commission.  

The complete Danforth Garage Master Plan study can be found at http://bit.ly/danforth-garage-master-plan. The technical studies and community consultation report, including the consultation process and all supporting community notices, summaries and recommendations can be found at http://bit.ly/danforth-garage-appendices.

Upon City Council's endorsement of the Master Plan as contained in this report, it is recommended that the City allocate funding for the pre-development costs required to proceed with a feasibility study for the adaptive reuse of the Danforth Garage facility on an interim and long-term basis; continue market sounding for the development of viable public and private partnerships for the development of Parcels A, B, C and F, which would include affordable rental housing, as shown in Attachment 4; and initiate an Official Plan and rezoning amendment to implement the framework for land uses as contained in this report.

The Toronto Police Service's 2019 - 2028 Council Approved Capital Budget and Plan includes the capital project known as "54/55 Amalgamation" with a total project cost of $39.225 million for the cost of the facility only. This project is part of the facility realignment to implement the new District Policing model through amalgamation, as outlined in The Way Forward Report. 

The Toronto Public Library asset (the Danforth-Coxwell Library) has been identified by the Toronto Public Library's Facilities Master Plan as requiring an expansion and renovation to service the growing needs of this community. Capital funding for the facility relocation and expansion is not included in the Toronto Public Library's 2019 - 2028 Capital Budget and Plan and this project has been identified as an unmet capital need.  .

The interim and long-term adaptive reuse of the Danforth Garage facility as a civic hub is currently unfunded and not included in the 2019 - 2028 Approved Capital Budget and Plans for Facilities, Real Estate, and Environment and Energy.

CreateTO has no allocated budget to continue with further investigations for the adaptive reuse of the Danforth Garage and development opportunities on the Property.

The Chief Financial Officer and Treasurer have reviewed this report and agree with the financial impact information.

The Board of Directors of CreateTO:

1.  Endorsed the Master Plan as shown in Attachment 4 of the report (May 9, 2019) from the Chief Executive Officer, CreateTO, to guide the development of the Danforth Garage Property, provided the development addresses of the following:

1.  affordable housing;

2.  Toronto Public Library;

3.  community access to the Toronto Transit Commission heritage barns.

2.  Directed the Chief Executive Officer, Create TO to work on the next phase of the project once approved by City Council.

3.  Forwarded its decision to the Executive Committee.

The City Manager recommends that:  

1.  City Council direct City Agencies to participate in the Value Based Outcome Review to be led by the City Manager and Chief Financial Officer and Treasurer in preparation for the 2020 Budget process.

This report provides City Council with an update on the impact of the Province of Ontario's May 27, 2019 announcement to reverse the April 1, 2019 retroactivity of the provincial program and funding changes for child care, public health and land ambulance on the City's 2019 Budget and 2020 Budget process.

The City's 2019 Operating Budget reflects the 2019 provincial funding being maintained on the basis of existing cost-sharing formulas, current services and service levels, as approved by City Council on March 7, 2019. Accordingly, 2019 tax bill mailings will be processed by the tax due dates established by By-law 392-2019.

Work is underway to replace the $24 million in 2019 and the $585 million incorporated in the 10-year Capital Plan of the planned increase in provincial gas tax as there is no change to the Provincial Gas Tax increment cancellation.

With fiscal sustainability as a key priority, and in preparation for the 2020 Budget process, the City will be undertaking two major streams of activity:

Participate in provincial/municipal program specific tables

 
Undertake a value based outcome review for all City Operations in the upcoming months. This report recommends to City Council that this review be extended to City agencies. The City will be applying to the provincial Audit and Accountability Fund, established for large municipalities find efficiencies, to assist in funding the City's review.

The Province has established a $7.35 million Audit and Accountability Fund to help large municipalities find four cents on the dollar and $200 million for small and rural municipalities to modernize services.

The Chief Financial Officer and Treasurer will continue to monitor allocation of the Audit and Accountability Fund to understand any opportunity for City with respect to its own detailed review of financial sustainability.

The City Solicitor recommends that:

1.  City Council receive this report for information.

This report responds to a request from City Council at its meeting of May 14, 2019, for a report from the City Solicitor on whether the Province of Ontario's proposed cuts to funding to Toronto Public Health would violate the Canada Health Act.

There is no financial impact resulting from the adoption of this report.

The City Manager and the Chief Financial Officer and Treasurer recommend that:

1.  City Council adopt the Corporate Asset Management Policy set out in Appendix 1 to this Report.

2.  City Council direct the City Manager to communicate the application of this policy to the Board Chairs of the City Agencies and Corporations, as set out in Schedule A to Appendix 1: Corporate Asset Management Policy.

3.  City Council direct the City Manager to make available the approved Corporate Asset Management Policy to the public via a City website and to distribute copies as requested.

This report presents the City of Toronto's Corporate Asset Management Policy for City Council's approval, as required by and in accordance with Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure.

This Corporate Asset Management Policy establishes the framework and a whole of government approach to asset management for assets owned that are managed by City Programs, Agencies and the Toronto Community Housing Corporation and reported as part of the City's consolidated financial statements. By adopting this policy, Council will confirm its commitment to sound, prudent stewardship of the City's infrastructure assets valued at over $94 Billion and will fulfil the first-phase requirements of meeting Ontario Regulation 588/17.

Asset management integrates planning, finance, engineering and operations to realize value from assets, reduce risks and provide expected levels of service to the community in a socially, environmentally and economically sustainable manner. Effective asset management requires an overarching framework to establish and guide its practice so that asset management becomes central to strategic, financial and operational decision-making at all levels of the organization.

The Corporate Asset Management Policy was developed in collaboration with City Program, Agency and Toronto Community Housing Corporation asset managers and policy leads.  A review of national and international jurisdictions examined asset management policies, practices and governance frameworks.  The findings confirmed that the asset management practices and policies of these jurisdictions were aligned to international standards similar to the policy elements outlined in Ontario Regulation 588/17, and as recommended in this policy for the City of Toronto.

The Corporate Asset Management Policy, attached as Appendix 1 to this report, provides a foundation that will support an integrated approach at the City as it develops and matures its asset management practice. The policy, which applies to all applicable City Programs, Agencies (except the Toronto Parking Authority) and the Toronto Community Housing Corporation, incorporates key principles and strategic directions that will enhance asset management practices and ensure that asset management activities are continuously improved and integrated across the organization.  The long-term outcome is to ensure the sustainability of assets and related services; optimize infrastructure investment decisions; and support reliable service delivery.

Adoption of the recommended Corporate Asset Management Policy does not result in immediate financial implications. However, compliance with the legislative requirements may result in the need for an additional investment in resources corporately to establish an organization-wide practice of integrated asset management. Individual City Programs, Agencies and the Toronto Community Housing Corporation may also require resources to implement and mature their respective asset management practices to ensure their asset management plans meet regulatory requirements and are based on best practices.

The costs to establish a corporate asset management function and related activities as well as the necessary requirements to establish asset management practices, processes and data for each of the asset owners, including the implementation of this policy will be assessed and reported back in time for the 2021 Budget process.

$5.0 million was previously approved by City Council to fund the Integrated Asset Planning and Management capital project to establish a corporate asset management framework that would integrate asset lifecycle management processes with capital planning, budgeting and financial reporting processes and to define the business requirements (business case) for a capital planning, budgeting and financial reporting technology solution to replace the stand alone, obsolete, CAPTOR capital budgeting system. Implementation costs for a new technology solution will be determined with the development of the business case, planned for submission in the 2022 Budget Process.

The Controller recommends that:

1. City Council authorize the levy and collection of amounts for the 2019 taxation year on colleges and universities, public hospitals, and correctional facilities as authorized by

Section 285 of the City of Toronto Act, 2006 and City Council direct that the maximum prescribed amount of $75 be applied per provincially rated hospital bed, full time student, or resident place as prescribed by Ontario Regulation 121/07.

2. Executive Committee request the Controller to report directly to City Council at its meeting of June 18, 2019 on the final 2019 Heads and Beds levy amount should the final 2019 capacity figures for colleges be received from the Province prior to this Council meeting.

3. City Council authorize the amendment of By-law 746-2018 for the 2018 taxation year based on the revised capacity figure of 1,246 for the Toronto South Detention Centre as described in Attachment 1 of this report.

This report requests Council authority to adopt a by-law to levy amounts for the 2019 taxation year for colleges and universities, public hospitals, and correctional facilities (the "institutions"), estimated at approximately $18.8 million (annual "Heads and Beds" levy).

Estimated revenue of approximately $18.8 million will be raised through the 2019 levy on institutions. While the Province has provided 2019 final capacity figures for universities, hospitals and correctional facilities (see Attachment 2), the 2019 capacity figures for colleges have not been received to date from the Province. Therefore, the 2019 levy for colleges have been estimated using the 2018 capacity figures. The estimated levy amount for 2019 is similar to the range of the levy amounts reported for the past three (3) years (2016-2018), which vary from $17 to $19 million, as displayed in Attachment 3 of this report.

The Non-Program 2019 Operating Budget includes a revenue estimate of approximately

$18.2 million.

Should the final 2019 capacity figures for colleges be received from the Province prior to Council’s scheduled meeting of June 18, 2019, the Controller will report directly to Council at that meeting on the actual projected revenues associated with the final 2019 Heads and Beds levy. If the capacity figures are not received by the June Council meeting, the actual 2019 Heads and Beds revenues will be reported by way of the 2019 third quarter operating budget variance report, reflecting any difference between the actual and budgeted amounts for 2019.

Revised Capacity Figure for the 2018 Taxation Year

Based on the request made by the Ministry of Municipal Affairs and Housing to revise the capacity figure for the Toronto South Detention Centre from 1,412 to 1,246 for the 2018 taxation year, the levy amount for the Toronto South Detention Centre will be adjusted for the 2018 taxation year by $12,450.  This adjustment will be reflected in the 2019 fiscal year.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Clerk recommends that:

1.  Executive Committee receive this report for information

This report responds to Executive Committee's request for the City Clerk to report back on residency enforcement mechanisms in the City of Toronto appointment process.

There are no financial implications arising from this report.

The Budget Committee recommends that:

1.  City Council direct that the 2017 operating surpluses totalling $5,857 from three Arenas (William H. Bolton, Forest Hill Memorial and North Toronto Memorial) be paid to the City of Toronto and be used, in part, to fund the cumulative operating deficit of $126,531 for four Arenas (George Bell, McCormick Playground, Moss Park, and Ted Reeve), resulting in a net operating deficit of $120,674 to be funded by the City, as illustrated in Appendix A, column (g), to the report (May 16, 2019) from the Chief Financial Officer and Treasurer.

 
2.  City Council direct that the excess of $24,558 from the funding provision made available in the 2017 Final Year-End Operating Budget Variance report of $145,232 and the $120,674 required to settle the actual 2017 deficits be applied to the 2018 Final Year-End Operating Budget variance for the Arena Boards, as shown in the attached Appendix A - 2017 Program Summary to the report (May 16, 2019) from the Chief Financial Officer and Treasurer.

This report recommends settlements with the eight Arena Boards of Management of their 2017 operating surpluses and deficits based on the audited financial statements for the year ended December 31, 2017, with operating surpluses payable to the City and operating deficits funded by the City upon Council’s approval.

The Budget Committee recommends that:

1.  City Council direct that the accumulated surpluses of $6,490 from six Association of Community Centres be paid to the City of Toronto and be used to fund the operating deficits of $8,965 for the core administration operations of two Centres, resulting in a net payable of $2,475 for operating over-expenditures as detailed in Table II in the report (May 13, 2019) from the Chief Financial Officer and Treasurer.

This report recommends settlement with the 10 Community Centres (Association of Community Centres) on their Core Administration Operations for 2017 based on audited financial results.

The Budget Committee recommends that:

1.  City Council authorize the deferral and acceleration of funds in Facilities, Real Estate, Environment and Energy's 2019 Council Approved Capital Budget and 2020-2028 Capital Plan in the amount of $1.699 million, as detailed in Attachment 1 to the report (May 7, 2019) from the Interim General Manager, Facilities Management, with zero gross and net debt impact.

The purpose of this report is to amend the Facilities, Real Estate, Environment and Energy 2019 Council Approved Capital Budget and 2020-2028 Capital Plan. The amendments will have zero gross and net debt impact and will better align 2019 and future cash flows with Facilities, Real Estate, Environment and Energy program requirements.

The Budget Committee recommends that:

1.  City Council authorize an in-year budget adjustment to the 2019 Capital Budget for Toronto Fire Services to increase the project cost for the Station B - Downsview (CFR091-01) project by $0.800 million, increasing the project cost from $10.885 million to $11.685 million, funded by the Development Charge Reserve Fund (XR2118).

2.  City Council authorize an amendment to the budgeted cash flows for the completion of the fire station to reflect the following requirements: 2019 - $0.905 million, 2020 - $5.435 million, 2021 - $1.051 million, and 2022 - $0.020 million.

On November 30, 2018, the City of Toronto's Purchasing and Materials Management Division issued tender number 286-2018 on behalf of Facilities Management and Toronto Fire Services for the construction of a new fire station, located at 2945 Keele Street, Toronto (Station B - Downsview). The tender closed on January 15, 2019. Purchasing and Materials Management Division received five bid submissions. The lowest compliant bid, received from MJ Dixon Construction Limited, totalled $7.208 million, net of HST recoveries.

The 2019 Approved Capital Budget for Toronto Fire Services includes the project cost of $10.885 million for Station B - Downsview, with $6.438 million available for construction. The Bid Panel Award report to recommend the award of this contract is pending the approval of this in-year budget adjustment.

In order to fund the shortfall in the 2019 Budget for the cost of construction determined through the competitive bid process, this report requests that City Council approve an in-year adjustment that will increase the project cost for Station B - Downsview (CFR091-01) by $0.800 million, increasing the project cost from $10.885 million to $11.685 million, and amend the 2019-2022 budgeted cash flows with additional funds provided by Development Charge Reserve Fund (XR2118). The additional funds are available in XR2118, and the increase complies with the funding policy included in the Development Reserve By-law.

The Budget Committee recommends that:

1.  City Council authorize the reallocation of 2018 cash flow within Information and Technology's approved 2018 Capital Budget and 2019-2027 Capital Plan in the amount of $1.431 million, for acceleration and deferral of projects, as presented in Schedule A to the report (May 10, 2019) from the Chief Information Officer, with a zero budget impact.

2.  City Council authorize the reallocation of 2019 cash flows within Information and Technology's approved 2019 Capital Budget and 2020-2028 Capital Plan in the amount of $1.431 million for the acceleration and deferral of projects, as presented in Schedule A to the report (May 10, 2019) from the Chief Information Officer, with a zero budget impact.

3.  City Council authorize the reallocation of cashflows and project costs in Information and Technology's approved 2018 Capital Budget and 2019-2027 Capital Plan in the amount of $0.565 million from projects that are currently under budget to those requiring additional funding in the same amount as presented in Schedule B to the report (May 10, 2019) from the Chief Information Officer, with a zero budget impact.

This report requests City Council's authority to amend Information and Technology's 2018 Capital Budget and 2019-2028 Capital Plan by adjusting project costs and cash flows contained within the Budget and Plan, respectively, to align with year-end expenditures and project progress. The adjustments will have a zero gross and net budget impact on the 2018 Capital Budget and 2019-2028 Capital Plan and will align the budget and plan with Information and Technology's capital project delivery schedule and program requirements.

The Budget Committee recommends that:  

1.  City Council authorize the deferral and acceleration of projects in Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and future year commitments in the amount of $3.750 million, as included in Appendix 1 to the report (May 8, 2019) from the General Manager, Parks, Forestry and Recreation, with no debt impact.

2.  City Council authorize amendments to project costs and cash flows within the Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and future year commitments in the amount of $5.356 million, as included in Appendix 2 to the report (May 8, 2019) from the General Manager, Parks, Forestry and Recreation, with no debt impact.

3.  City Council approve an amendment to the Parks, Forestry and Recreation's 2019 Council Approved Capital Budget and Plan to create a new capital sub-project known as East Bayfront Community Centre, in the Community Centre project, with a project cost of $7.000 million and cash flow in 2021 with funding from the following sources: $6.300 million from Development Charges (XR2114) and $0.700 million from South District Parkland Development Reserve Fund (XR2209).

4.  City Council authorize the closure of two (2) sub-projects in Parks, Forestry and Recreation's 2019 Council Approved Capital Budget in the amount of $0.345 million, as included in Appendix 3 to the report (May 8, 2019) from the General Manager, Parks, Forestry and Recreation to reduce 2019 cash flow, and release commitments on development related funding sources to the appropriate accounts.

The purpose of this report is to request authority from City Council to amend the 2019 Council Approved Capital Budget and 2020-2028 Capital Plan for Parks, Forestry and Recreation by adjusting project costs and cash flows contained within the Budget and Plan.  These adjustments will align cash flows for capital project delivery schedules and program requirements and as a result, will have no impact to the timing of debt requirements.  Reallocations to cash flows and project costs are also requested where recent project bids exceed the current approved cash flow or alternatively to advance projects into 2019 that are ready to proceed. 

In addition, this report seeks Council approval to create a new sub-project for the East Bayfront Community Centre with future year cash flow to supplement funding for the East Bayfront project included in the Waterfront Revitalization Initiative's 2019 Ten-Year Capital Plan; and for the closure of two projects that will reduce 2019 cash flow and release the remaining funds for other capital purposes.

The Board of Directors of CreateTO recommends that:

1.  City Council receive for information, the 2018 Annual Report, in Attachment 2 of the report (April 29, 2019) from the Chief Financial Officer, CreateTO.

2.  City Council approve the 2018 Audited Financial Statements, in Attachment 3 of the report (April 29, 2019) from the Chief Financial Officer, CreateTO.

2018 marked the first year of operations for CreateTO. For the year ending December 31, 2018, CreateTO Financial results are in line with the 2018 budget of $11.4 million.

The Board of Directors of TO Live recommends that:

1.  City Council approve the Board of Directors of TO Live Procedures By-law in Attachment 1 to the report (May 7, 2019) from the City Clerk.

At its meeting on May 9, 2019, the Board of Directors of TO Live considered the report (May 7, 2019) from the City Clerk on Remote Participation in TO Live Board Meetings - Amendments to the Procedures By-law.

The Board of Directors of TO Live:

1. Adopted the By-law to repeal By-law 1-2016 governing the proceedings of the Board of Directors, Civic Theatres Toronto in Attachment 2 to the report (May 7, 2019) from the City Clerk.

2. Enacted the Procedures By-law for the Board of Directors of TO Live in Attachment 1 to the report (May 7, 2019) from the City Clerk. 

At its meeting on March 1, 2019, the Chair, Board of Directors of TO Live gave notice in accordance with Section 45(2) of the Board's Procedures By-law that he would be recommending amendments to the By-law at the May 9, 2019 meeting. The proposed amendments would permit Board Members to participate electronically (remotely) in Board meetings in accordance with the provisions of the City of Toronto Act, 2006.

The Board of Directors of TO Live recommends that:

1.  City Council approve TO Live Policy 310 Records Retention in Attachment 3 to the report (April 17, 2019) from the Vice President of Finance and Administration, TO Live.

At its meeting on May 9, 2019, the Board of Directors of TO Live:

1.  Amended the name of Policy 303 Purchasing Policies and Procedures to include "TO Live Board Delegation of Authority" in its name. 

2.  Approved the following Policies in Attachments 1, 2, 3, 4 and 6 to the report (April 17, 2019) from the Vice President of Finance and Administration, TO Live:

a.  303 Purchasing Policies and Procedures;

b.  313 Procurement Policy;

c.  310 Records Retention;

d.  321 Facility Fee Reserve Fund; and

e.  219 Disclosure of Wrongdoing and Reprisal Protection Policy.

3.  Received Policy 315 Donations Policy in Attachment 5 to the report (April 17, 2019) from the Vice President of Finance and Administration, TO Live for information.

The Board of Directors of TO Live recommends that:

1.  City Council create the TO Live Programming Reserve Fund.

2.  City Council, subject to the adoption of Recommendation 1 above, request that the Chief Financial Officer and Treasurer transfer TO Live's 2018 operating surplus in the amount of $0.388 million to the TO Live Programming Reserve Fund as part of the 2018 year-end surplus allocations.

In order for TO Live to be successful and ensure that there is a stable funding source for research and development of programming initiatives (TO Live Presents), TO Live wishes to establish a Programming Reserve Fund.

The Toronto Transit Commission Board recommends that City Council:

1.  Approve the proposed amendments to the By-law to Govern Toronto Transit Commission Board Meeting Proceedings.

At its meeting on Thursday, April 11, 2019 the Toronto Transit Commission Board considered the attached report titled "By-law to Govern Toronto Transit Commission Board Meeting Proceedings - Update". 

The Board adopted the recommendations in the staff report, as follows:

It is recommended that the Board:

1. Approve the proposed amendments to the By-law to Govern Toronto Transit Commission Board Meeting Proceedings, attached as Appendix 1; and

2. Forward the approved by-law to City Council for approval.

Deputy Mayor Denzil Minnan-Wong recommends to Executive Committee that:

1.  City Council request the City Manager to report on the distribution of flight paths across the City of Toronto and the associated noise, in the third quarter of 2019, and that the report also:

a.  consider that noise levels are not consistent along the entire flight path and can be higher or lower depending on altitude, turning, accelerating/decelerating, and other factors; and

b.  identify if and/or how some communities, and which communities, are regularly exposed to higher levels of noise than others.

Don Mills residents have raised concerns that their community is underneath a major flight path which exposes them to high noise levels from a significant volume of air traffic, in relation to what is experienced in other communities.

Councillor Michael Thompson recommends that:

1. The Executive Committee refer the attached proposal to the City Manager for processing in accordance with City Council's Unsolicited Quotations or Proposals Policy.

Van Home Outdoor has approached the City of Toronto with a proposal to aesthetically improve 27 CP Rail overpasses through-out the City of Toronto. The modernization program includes the installation of traffic-facing, electronic signs on the overpasses and the removal of adjacent', outdated billboards currently located on CP Rail land.

Along with commercial messages, the electronic signs will broadcast public messages, including traffic and emergency alerts, Amber Alerts, and information pertaining to the City of Toronto's general awareness campaigns (such as the "Toronto for All" initiative).

The new displays will incorporate the permanent installation of City of Toronto or neighbourhood specific signage. Van Home Outdoor will assume responsibility for improvements to the overpasses and ongoing maintenance of the signage program.

The proposal includes the annual payment of revenues to the City of Toronto which will be earmarked for Youth Hubs and other youth programs that help provide safe spaces for youth in at risk neighbourhoods. The funds will be provided to the City in a manner of the City's choosing.