Minutes Confirmed on July 16, 2013

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council treat the Council meeting at which this report is considered as the 2012 Annual General Meeting of the Shareholder for Toronto Port Lands Company (TPLC) by:

a.         Receiving Toronto Port Lands Company's annual report titled "City of Toronto Economic Development Corporation, Operating as Toronto Port Lands Company (TPLC) 2012 Annual Report", attached as Attachment 1 to the report (May 13, 2013) from the City Manager;

b.         Appointing Pricewaterhouse Coopers LLP, Chartered Accountants, as the Auditor of Toronto Port Lands Company (TPLC) for fiscal year 2013, and authorizing the Board of Directors of Toronto Port Lands Company (TPLC) to fix the remuneration of such Auditor;

c.         Receiving the report of the Deputy City Manager and Chief Financial Officer, "Toronto Port Lands Company - 2012 Audited Annual Financial Statements", attached as Attachment 2 to the report (May 13, 2013) from the City Manager; and

d.         Receiving the Board's 2012 audited financial statements, titled "City of Toronto Economic Development Corporation c.o.b. Toronto Port Lands Company Consolidated Financial Statements December 31, 2012", attached as Appendix A to Attachment 2 to the report (May 13, 2013) from the City Manager.

2.         City Council forward a copy of "City of Toronto Economic Development Corporation c.o.b. Toronto Port Lands Company Consolidated Financial Statements December 31, 2012", attached as Appendix A of Attachment 2 to the report (May 13, 2013) from the City Manager, to the Audit Committee for information.

3.         City Council receive the information in Attachment 3 to the report (May 13, 2013) from the City Manager concerning executive compensation disclosure, for information.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council treat the Council meeting at which this report is considered as the 2012 Annual General Meeting of the Shareholder for Invest Toronto Inc. by:

a.         Receiving the Annual Report of Invest Toronto Inc. titled "Making Toronto Your Business: Annual Report 2012", which includes Audited Financial Statements, attached as Attachment 1 to the report (May 13, 2013) from the City Manager;

b.         Appointing Pricewaterhouse Coopers LLP, Chartered Accountants, as the Auditor of Invest Toronto Inc. for fiscal year 2013, and authorizing the Board of Directors of Invest Toronto to fix the remuneration of such Auditor; and

c.         Receiving the report from the Deputy City Manager and Chief Financial Officer, "Invest Toronto Inc. - 2012 Audited Financial Statements", attached as Attachment 2 to the report (May 13, 2013) from the City Manager.

2.         City Council forward a copy of the Annual Report of Invest Toronto Inc. titled "Making Toronto Your Business: Annual Report 2012", which includes Audited Financial Statements, attached as Attachment 1 to the report (May 13, 2013) from the City Manager, to the Audit Committee for information.

3.         City Council receive the information in Attachment 3 to the report (May 13, 2013) from the City Manager concerning executive compensation disclosure, for information.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council treat the Council meeting at which this report is considered as the 2012 Annual General Meeting of the Shareholder for Lakeshore Arena Corporation by:

a.         Receiving the 2012 Audited Financial Statements of Lakeshore Arena Corporation, attached as Attachment 1 to the report (April 25, 2013) from the City Manager;

b.         Appointing Hilborn LLP Chartered Accountants as the Auditor of Lakeshore Arena Corporation for fiscal year 2013; and

c.         Receiving Lakeshore Arena Corporation's 2012 Annual Report attached as Attachment 2 to the report (April 25, 2013) from the City Manager.

2.         City Council forward a copy of the Lakeshore Arena Corporation 2012 Audited Annual Financial Statements, in Attachment 1 to the report (April 25, 2013) from the City Manager, to the Audit Committee for information.

3.         City Council receive the information in Confidential Attachment 3 to the report (April 25, 2013) from the City Manager concerning executive compensation disclosure, for information.

4.         City Council direct that the contents of Confidential Attachment 3 to the report (April 25, 2013) from the City Manager, from Lakeshore Arena Corporation, be kept confidential in their entirety after the consideration of this report by Council for reasons of personal information about identified individuals.

Confidential Attachment 3 to the report (April 25, 2013) from the City Manager remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006 as it as it contains personal information about identifiable individuals.

City Council on June 11, 12 and 13, 2013, deferred consideration of Item EX32.9 to the next regular meeting of Council on July16 and 17, 2013 and requested the City Manager, in consultation with the Chair, Board of Directors of Toronto Hydro, to report on the recent media reports related to personnel matters.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council establish a reserve called 'Assessment Appeal Stabilization Reserve' in Schedule 3 – Stabilization Reserves of Chapter 227 of the City of Toronto Municipal Code to provide funding to offset any annual shortfall in amounts budgeted for property tax decreases (tax deficiencies) due to assessment appeal losses and the actual amount of tax deficiencies occurring during the year, as described in Attachment 2 to the report (April 8, 2013) from the Deputy City Manager and Chief Financial Officer.

2.         City Council allocate the one-time operating surplus associated with the unused portion of the assessment appeal provision previously established for the 2001 to 2012 taxation years, in the amount of $94.0 million, as follows:

a.         $15.0 million be allocated to the newly established 'Assessment Appeal Stabilization Reserve' to be used to offset any annual shortfall between amounts budgeted for property tax decreases (tax deficiencies) due to assessment appeal losses and the actual amount of tax deficiencies occurring during the year, for 2013 and future taxation years;

b.         $34.0 million be allocated to the Social Housing Stabilization Reserve (#XQ1106);

c.         $30.0 million be allocated to the Capital Financing Reserve (#XQ0011) and dedicated to begin to address the state of good repair backlog for Parks, Forestry and Recreation, to be distributed in the 10 year capital plan through the 2014 Capital Budget process;

d.         $5.0 million be added to the Child Care Expansion Reserve Fund to mitigate the Children's Services funding pressures and support child care centre transition to Full Day Kindergarten; and

e.         $10 million be allocated to the Sick Leave Reserve Fund – Toronto Police Service.

3.         City Council amend Chapter 227 of the City of Toronto Municipal Code in accordance with Part 1 above.

4.         City Council grant leave for the introduction of any necessary bills in Council.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council authorize the Deputy City Manager and Chief Financial Officer to transfer $15.282 million gross and $0 million net from the 2013 Non-Program Expenditure Budget to the respective 2013 Approved Operating Budget for City Programs, Toronto Public Health and Leaside Memorial Community Gardens for CUPE Local 416 and Local 79 employees to provide the necessary funding for the 1.50 percent one-time non-base non-pensionable lump sum payment and the associated employer health tax.

2.         City Council authorize the Deputy City Manager and Chief Financial Officer to transfer $1.264 million gross and $0 million net from the 2013 Non-Program Expenditure Budget to the Toronto Public Library and the Association of Community Centres to provide the necessary funding for the 1.50 percent one-time non-base non-pensionable lump sum payment and the associated employer health tax for unionized employees as these Agencies have similar provisions based on their negotiated collective bargaining settlements.

3.         City Council authorize the Deputy City Manager and Chief Financial Officer to transfer $15.420 million gross and $12.808 million net from the 2013 Non-Program Expenditure Budget to the respective 2013 Approved Operating Budget for City Programs, Toronto Public Health and Association of Community Centres to provide the necessary funding for the 1.9 percent cost of living allowance and re-earnable lump sum payment for non-union employees.

4.         City Council approve in-year budget adjustments detailed in Appendix D to the report (April 30, 2013) from the Deputy City Manager and Chief Financial Officer to amend the 2013 Approved Operating Budget between Programs with gross expenditures and revenues of $1.958 million, and no impact to the 2013 Approved Net Operating Budget.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council approve the net income sharing agreement between the City and the Toronto Parking Authority (TPA) for a three year period, effective January 1, 2013 on the following terms and conditions:

a.         The net income available for distribution be defined as net income based on the Toronto Parking Authority's annually audited financial statements;

b.         The Toronto Parking Authority pay to the City annually the greater of $37.0 million or 75 percent of net income earned by the Toronto Parking Authority, subject to unforeseen circumstances which result in interruptions of service or any other unplanned occurrence which may have an adverse material effect on the net income as defined under the Income Sharing Agreement Net income includes gains or losses on the sale of properties and air rights but excludes income earned on rented properties which is paid into the Rented Properties Fund held by the City;

c.         The 75 percent portion of gains/losses on the sale of properties/air rights payable to the City be reduced, if necessary, by the cost of replacement facilities (new and expanded parking spaces and/or commercial space) required under the purchase/sale agreement that exceeds the 25 percent portion retained by the Toronto Parking Authority;

d.         The Toronto Parking Authority make monthly progress payments in the amount of $3.083 million to the City, for a total of $37.0 million annually;

e.         Final settlement between the Toronto Parking Authority and the City of the amount payable for the year (the difference between the City’s 75 percent share of net income and progress payments made by Toronto Parking Authority) will occur once the Authority's actual net income for the year is confirmed by external Auditors and the audited financial statements are approved by the Toronto Parking Authority’s Board of Directors; and

f.          The Toronto Parking Authority, in consultation with the Deputy City Manager and Chief Financial Officer, review the Toronto Parking Authority's capital funding requirements annually as part of the capital budget process.

2.         City Council authorize appropriate City staff to prepare an income sharing agreement between the Toronto Parking Authority (TPA) and the City of Toronto, based on Part 1 above and subject to the approval of the Toronto Parking Authority's Board of Directors.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council approve a loan funded from the City's working capital to the George Bell Arena to replace and upgrade a de-humidifier unit in the amount up to $100,000, fully repayable by December 31, 2018 with the interest rate established by the Deputy City Manager and Chief Financial Officer and based upon the City's opportunity cost as if the funds had been invested for a 5 year term.

2.         City Council approve a one-time budget adjustment to the 2013 Operating Budget for the Arena Boards of Management to include $100,000 in expenditures financed with a loan repayable over 5 years, to replace George Bell Arena’s dehumidification unit.

3.         City Council request the Deputy City Manager and Chief Financial Officer to negotiate a loan agreement with the George Bell Arena Board of Management to retire the $100,000 loan no later than December 31, 2018 by using an annual equal payment calculated from a 5 year amortization schedule.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council increase the 2013 Approved  Capital Budget for City Planning, in the amount of $166,000 gross, $0 net, for the purpose of the Queen Street East Heritage Conservation District Study and Plan with funding provided by the following sources:

a.         The Section 37 contribution associated with the approved development at 90-100 Broadview Avenue, in the amount of $60,000.00 (source: account number XR3026 - 3700346); and

b.         Development Charge funds in a total amount of $106,000.00 from DC - Development Related Studies (source: account number XR2120).

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council adopt the Middle Childhood Strategy Implementation Plan, A Time for Action, attached as Appendix A to the report (May 8, 2013) from the General Manager, Children’s Services.

2.         City Council request the General Manager, Children's Services in partnership with the General Manager, Parks Forestry and Recreation, to work with Province of Ontario officials across Ministries to explore and align funding opportunities to stabilize and support a system of out-of-school time programming for children aged six to 12.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council approve the 2013 Community Service Partnerships allocations totalling of $14,334,485.00 from the 2013 budget to 213 organizations that requested funding as described in Appendix A to the report (May 8, 2013) from the Executive Director, Social Development, Finance and Administration.

2.         City Council allocate the 2013 Community Service Partnerships (CSP) appeals fund of $31,565.00 to the organizations as recommended in Appendices A and B to the supplementary report (June 4, 2013) from the Executive Director, Social Development, Finance and Administration.

3.         City Council direct that an amount of $15,000.00 be held from the Community Service Partnerships 2013 Approved Operating Budget to administer claims by eligible seniors through the snow shovelling program.

4.         City Council delegate authority to the Executive Director, Social Development, Finance and Administration to re-allocate 2013 Community Service Partnerships funds that are not used during the funding year by approved organizations to other Community Service Partnerships approved organizations.

5.         City Council request the Executive Director, Social Development, Finance and Administration to report on any re-allocation of 2013 Community Service Partnerships funds to City Council in the 2014 Community Service Partnerships allocation recommendations report.

4.         City Council request the General Manager, Economic Development and Culture to work with Toronto Arts Council to better identify the City of Toronto as the funder of Toronto Arts Council Grants.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council approve the attached Terms of Reference in the report (April 26, 2013) from the General Manager, Economic Development and Culture, for the Economic Growth and Job Creation Advisory Committee.

2.         City Council request the General Manager, Economic Development and Culture Division to report to Council annually summarizing the Advisory Committee's activities and accomplishments.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council designate the area described by Attachment 1 to the report (April 23, 2013) from the General Manager, Economic Development and Culture as the amended Albion Islington Square Business Improvement area under Chapter 19 of the Toronto Municipal Code.

2.         City Council direct the City Solicitor to submit a by-law to designate the area described in Attachment 1 to the report (April 23, 2013) from the General Manager, Economic Development and Culture as a Business Improvement Area.

3.         City Council grant the City Solicitor authority to amend Municipal Code Chapter 19, Business Improvement Areas, as necessary, to reflect the expanded boundaries of the Albion Islington Square Business Improvement Area.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council approve the Arts and Culture funding allocations totalling $833,410 to six LASOs (Local Arts Service Organizations) as follows:

2.         City Council authorize the appropriate City officials to take the necessary action to give effect to Council's decision.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council receive the “Report on the Actuarial Valuation for Funding Purposes as of December 31, 2012”, attached as Attachment 1 to the report (April 19, 2013) from the Treasurer, prepared by Mercer (Canada) Limited with respect to the Metropolitan Toronto Pension Plan.

2.         City Council approve, effective January 1, 2013, an ad hoc cost-of-living increase of 1.52 percent in pension benefits to pensioners of the Metropolitan Toronto Pension  Plan at an estimated actuarial cost of $7.3 million on a solvency basis which will be borne by the Plan's fund.

3.         City Council further amend By-law No. 15-92 of the former Metropolitan Corporation governing the Metropolitan Toronto Pension Plan as amended to date and grant authority to introduce the necessary bill in Council.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council authorize the City to consent to the construction of approximately 1,200 square feet of additional space, to the front of the building located on the property municipally known as 2445 Lake Shore Boulevard West by the tenant, Storefront Humber Incorporated, (all to form a part of the leased premises) and to amend the existing lease agreement , substantially based on the terms set out in the attached Appendix “A”, with such revisions thereto, and such other terms acceptable to the Chief Corporate Officer, or her designate, and in a form acceptable to the City Solicitor.

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

3.         City Council authorize the City Solicitor to complete the lease amending agreement, deliver any notices, pay expenses and amend the commencement and other dates to such earlier or late date(s), on such terms and conditions, as she may, from time to time, determine.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council authorize the Chief Corporate Officer to amend Contract 47014512 with Topnotch Building Maintenance for the supply of all labour, materials, janitorial supplies (consumables) and equipment necessary to provide custodial services at various City of Toronto facilities by $446,400.00 net of all taxes ($454,256.44 net of HST recoveries) revising the current Contract value from $3,475,612.62 to $3,922,012.62, net of all taxes ($3,991,040.04 net of HST recoveries). 

2.         City Council authorize the Chief Corporate Officer to amend Contract No. 47014081 awarded to Waterford Services Inc. for the supply of all labour, materials, janitorial supplies (consumables) and equipment necessary to provide Janitorial services at various City of Toronto Facilities by $412,460.00 net of all taxes ($419,719.29  net of HST recoveries) revising the current Contract value from $4,184,279.65 to $4,596,739.65, net of all taxes, ($4,677,642.26 net of HST recoveries) and to extend the contract from August 31, 2013 to January 31, 2014.

3.         City Council authorize the Chief Corporate Officer to amend Contract No. 47015602 awarded to Kleenway Building Maintenance for the supply of all labour, materials, janitorial supplies (consumables) and equipment necessary to provide Janitorial services at various City of Toronto Facilities by $92,700.00 net of all taxes, ($94,331.52 net of HST recoveries) revising the current Contract value from $3,177,366.36 to $3,270,066.36 net of all taxes ($3,327,588.99 net of HST recoveries) and to extend the contract from December 31, 2013 to January 31, 2014.

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and enter into a License Agreement with William Beasley Enterprises Ltd., being the highest scoring proponent meeting the requirements of RFP  No. 0613-12-0252  for  the renovation, finance and operation of a Restaurant / Banquet Facility at the Centre Island Restaurant and the Centre Island Snack Bar located on Toronto Centre Island for a ten (10) year term commencing July 1, 2013 to December 31, 2022, with an option to extend at the sole discretion of the General Manager, Parks, Forestry and Recreation (the "General Manager") for an additional ten (10) years commencing January 1, 2023, and terminating on December 31, 2032 based on the terms and conditions set out in the Request for Proposal, and on such other terms and conditions satisfactory to the General Manager and in a form satisfactory to the City Solicitor.

2.         City Council authorize the public release of the confidential information contained in Confidential Attachment 1 to the report (April 24, 2013) from the General Manager, Parks, Forestry and Recreation, and the Director, Purchasing and Materials Management, following execution of the license agreement to William Beasley Enterprises Limited ("Beasley").

Confidential Attachment 1 to the report (April 24, 2013) from the General Manager, Parks, Forestry and Recreation and the Director, Purchasing and Materials Management remains confidential in its entirety at this time, in accordance the provisions of the City of Toronto Act, 2006, as it as it pertains to the security of the property of the municipality or local board.  Confidential Attachment 1 will be made public following the execution of the license agreement to William Beasley Enterprises Limited ("Beasley").

City Council on June 11, 12 and 13, 2013, adopted the following:

1.         City Council authorize the General Manager, Parks, Forestry and Recreation to enter into new agreements for the concessions outlined in the report (April 19, 2013) from the General Manager, Parks, Forestry and Recreation with any interested community-based non-profit groups, in consultation with the local Councillor, along with the Social Development, Finance and Administration and Employment and Social Services Divisions for a maximum period of five years, provided that the community based non-profit group pays the negotiated market rent and they meet the service level requirements set by the General Manager, and in a form satisfactory to the City Solicitor. 

2.         City Council approve the introduction of a $15 dollar per day fee for concession permits with respect to the concessions outlined in the report (April 19, 2013) from the General Manager, Parks, Forestry and Recreation that are not operated under any subsequent agreement, and that the City of Toronto Municipal Code Chapter 441, "Fees" be amended to add this fee option.

3.         City Council authorize the General Manager, Parks, Forestry and Recreation to enter into agreements with the previously recommended proponents on the same terms and conditions outlined in the Request for Proposal contained in the Government Management Committee Item GM13.11 entitled, "Award – Request for Proposal 0613-12-0034 Operation and Maintenance of Food and Beverage Concessions at Various Parks, Forestry and Recreation Locations" where it has been determined there are no interested community-based non-profit groups.

City Council on June 11, 12 and 13, 2013, deferred consideration of Item PG24.3 to the next regular City Council meeting on July 16 and 17, 2013.