Item - 2019.CC1.1

City Council on December 4, 5 and 13, 2018, adopted the following:

Special Committee on Governance

1. City Council establish a Special Committee on Governance with the following terms of reference:

a. The Special Committee will consider the impacts on the City's governance structure and processes arising from the reduction in the size of Council and make recommendations to City Council on any further changes to its governance structure.

b. The Special Committee will establish a work plan and engagement process for the governance review.

c. The Special Committee is composed of the Mayor or Council Member-designate appointed by the Mayor as Chair and four Council Members appointed by City Council on the recommendation of the Striking Committee.

d. The Special Committee reports directly to City Council.

e. Meetings of the Special Committee will be held at the call of the Chair.

f. The Special Committee will conduct its proceedings in accordance with Toronto Municipal Code Chapter 27, Council Procedures. The Committee's meetings will be open to the public and will comply with the Open Meeting Requirements of the City of Toronto Act, 2006.

g. The City Manager and the City Clerk will provide policy, research and engagement support to the Special Committee.

h. The City Clerk will provide meeting management support to the Special Committee.

i. The Special Committee's mandate will end when it makes its final recommendations to City Council.

Interim committee structure

2. City Council adopt the following interim committee structure and mandates and amend Toronto Municipal Code Chapter 27, Council Procedures, accordingly:

a. Four Standing Committees composed of six members and the Mayor by right-of-office:

1. Economic and Community Development Committee - The Economic and Community Development Committee's primary focus is on social cohesion and the economy, with a mandate to monitor and make recommendations on strengthening communities, neighbourhoods and the economy.

2. General Government and Licensing Committee - The General Government and Licensing Committee's primary focus is on City government assets and resources and business licensing, with a mandate to monitor and make recommendations on the administrative operations of the City and the licensing of businesses.

3. Infrastructure and Environment Committee - The Infrastructure and Environment Committee's primary focus is on infrastructure and the natural environment, with a mandate to monitor and make recommendations on Toronto's infrastructure needs and services, parks and forestry and the sustainable use of Toronto's environment.

4. Planning and Housing Committee - The Planning and Housing Committee's primary focus is on urban form and housing development, with a mandate to monitor and make recommendations on planning, property standards, growth and housing development.

b. Executive Committee is composed of eight members as follows:

1. the Mayor
2. the Deputy Mayor
3. the four Standing Committee Chairs

4. the Budget Committee Chair to be appointed by the Mayor

5. one Member at-large who is a Member of Council appointed by Council

If the Mayor appoints the First Deputy Mayor as a Standing Committee Chair, City Council will appoint another Member of Council as an at-large member.

c. Executive Committee's mandate is amended by removing human resources policy (as this is now part of the General Government and Licensing Committee's mandate) and by adding the following:

1. Providing strategic policy direction and receiving routine updates on collective bargaining relating to the City.

2. Providing strategic direction to staff in negotiating City collective agreements and considering updates on the progress of collective bargaining.

3. The Executive Committee or any sub-committee struck for these purposes is not an alternative to established employee and union dispute-resolution mechanisms.

d. Employee and Labour Relations Committee is deleted from the list of special committees.

e. Striking Committee is reduced from seven Council Members to five Council Members including the Mayor as Chair, or the Deputy Mayor as Chair if so assigned by the Mayor and the restriction that prohibits Striking Committee members from being appointed to more than one of the Civic Theatres Toronto Board or the Toronto Police Services Board is deleted.

f. Civic Appointments Committee is reduced from nine Council Members to five Council Members including the Mayor or Mayor's designate as Chair appointed by the Mayor.

g. Budget Committee is reduced from seven Council Members to six Council Members and the restriction that prohibits Budget Committee members from being members of the Audit Committee is deleted.

h. Audit Committee is reduced from six Council Members to five Council Members and the restrictions that prohibit Audit Committee members from being a Committee Chair or a member of the Budget Committee are deleted.

3. City Council amend Section 27-126C of the Council Procedures, headed "Delegated Duties of Standing Committees", to reflect that under the interim committee structure, the Planning and Housing Committee and the General Government and Licensing Committee will exercise the authority previously delegated to the Planning and Growth Management Committee and the Government Management Committee in this Section, as applicable.

Community Council boundaries

4. City Council amend the now redundant provisions of Toronto Municipal Code Chapter 27, Council Procedures by adopting the following new community council boundaries:

a. Etobicoke York Community Council:

- Ward 1 - Etobicoke North

- Ward 2 - Etobicoke Centre

- Ward 3 - Etobicoke-Lakeshore

- Ward 5 - York South-Weston

- Ward 7 - Humber River-Black Creek

b. North York Community Council:

- Ward 6 - York Centre

- Ward 8 - Eglinton-Lawrence

- Ward 15 - Don Valley West

- Ward 16 - Don Valley East

- Ward 17 - Don Valley North

- Ward 18 - Willowdale

c. Scarborough Community Council:

- Ward 20 - Scarborough Southwest

- Ward 21 - Scarborough Centre

- Ward 22 - Scarborough-Agincourt

- Ward 23 - Scarborough North

- Ward 24 - Scarborough-Guildwood

- Ward 25 - Scarborough-Rouge Park

d. Toronto and East York Community Council:

- Ward 4 - Parkdale-High Park

- Ward 9 - Davenport

- Ward 10 - Spadina-Fort York

- Ward 11 - University-Rosedale

- Ward 12 - Toronto-St. Paul's

- Ward 13 - Toronto Centre

- Ward 14 - Toronto-Danforth

- Ward 19 - Beaches-East York

Council member appointments

5. City Council reduce the appointments of Council Members to the boards, committees and external bodies outlined below and City Council amend the relevant City By-laws including chapters of the Toronto Municipal Code, Relationship Frameworks and Shareholder Directions accordingly:

a. Artscape Toronto Board of Directors – reduce by one Council Member;

b. Canadian National Exhibition Association, Municipal Section – reduce appointments by 11 Council Members and City Council request the City Manager and the City Clerk to review the composition of the Municipal Section;

c. Canadian Stage Company Board of Directors reduce by one Council Member;

d. Civic Theatres Toronto Board of Directors:

1. reduce by two Council Members by deleting the two ward-specific appointments;

2. delete the requirement that one Member be a member of a specific committee; and

3. despite Part 5.d.1. above, the Ward Councillors in which the theatres are located (Wards 13 and 18) have first right of appointment for the two remaining Council Member positions if the Ward Councillors express their interest to be appointed upon receiving the canvass from the City Clerk;

e. CreateTO Board of Directors – reduce by one Council Member and City Council also delete the requirement that Members be from different Community Councils;

f. Debenture Committee – remove the Deputy Mayor;

g. Heritage Toronto Board of Directors – reduce by one Council Member;

h. Toronto Accessibility Advisory Committee – reduce by two Council Members;

i. Toronto Arts Council – reduce by three Council Members;

j. Toronto Atmospheric Fund Board of Directors – reduce by two Council Members;

k. Toronto Community Housing Corporation Board of Directors – reduce by one Council Member;

l. Toronto Preservation Board - reduce by two Council Members;

m. Toronto Public Library Board – reduce by two Council Members;

n. Toronto Transit Commission Board of Directors – reduce by one Council Member; and

o. Toronto Zoo Board of Management – reduce by one Council Member.

6. City Council convert Council Member appointments to public or staff appointments as outlined below:

a. Design Exchange Board of Directors – convert the two Council Member appointments to two public members;

b. FoodShare Board of Directors – convert the Council Member appointment to a staff appointment and authorize the City Manager to appoint a staff member representative to the Board;

c. George R. Gardiner Museum of Ceramic Art Board of Trustees – convert the one Council Member appointment to a public member;

d. Golden Horseshoe Food and Farming Alliance – convert the one Council Member appointment plus alternate to a staff appointment and authorize the City Manager to appoint a staff member representative and alternate to the Alliance;

e. Harbourfront Centre Board of Directors – convert the three Council Member appointments to one Council Member and two public members;

f. Toronto Financial Services Alliance – convert the appointment of the Mayor or designate and the Chair of the Economic Development Committee to two public members; and

g. York Employees’ Pension and Benefit Fund Committee, and for consistency with the other Pension Plan Boards, City Council appoint the City Manager or designate and the Chief Financial Officer or designate as voting members by-right-of-position (two positions).

7. City Council discontinue the appointment of Members of Council to the following City bodies and in lieu of board membership direct that the Councillor for the ward where the facility or organization is located be entitled to notice, agendas and minutes for all meetings and be entitled to attend all meetings of the Board, including closed sessions and City Council amend the relevant chapters of the Toronto Municipal Code accordingly:

a. 70 Berkeley Street Community Centre (University Alumnae Dramatic Club) (one position);

b. 192 Carlton Street (Second Mile Club) (one position);

c. Balmy Beach Park Board of Management (one position);

d. Community Preservation Panels (nine positions);

e. Haven Toronto Board of Directors (one position); and

f. University Settlement Community Centre Committee (one position).

8. City Council discontinue the appointment of Members of Council to the following City bodies and external bodies:

a. 12 Alexander Street Theatre Project Board of Directors (one position);

b. Crescent Town Recreation Club Inc. Board of Directors (one position);

c. Dora Mavor Moore Awards Board of Directors (one position);

d. East York Foundation Nominating Committee (one position);

e. Greater Toronto Marketing Alliance (one position);

f. Homes First Society (one position);

g. L’Association francaise des municipalites de l’Ontario/Association of Francophone Municipalities of Ontario (one position);

h. Occupational Health and Safety Coordinating Committee (one position);

i. Royal Agricultural Winter Fair Board of Governors (one position);

j. Ryerson Centre Board of Directors (one position);

k. Salvation Army Toronto Grace Health Centre Board of Trustees (one position);

l. Scarborough Arts Council (one position);

m. Thistletown Multi-Service Centre Board of Management (one position);

n. Toronto and Region Conservation Authority Regional Watershed Alliance – optional Municipal Representative (one position);

o. Toronto Business Development Centre Board of Directors (one position);

p. Toronto Foundation for Student Success (one position);

q. Town of York Historical Society (one position);

r. UrbanArts Community Arts Council (two positions);

s. York Community Information (one position);

t. Young Ambassadors Selection Committee for Learnx Foundation (one position); and

u. Young People’s Theatre Board of Directors (two positions).

9. City Council amend the composition of the Arena and Community Centre Boards of Management in Chapter 25 of the former Toronto Municipal Code, and former Leaside By-law 1374, as amended to provide that:

a. the Councillor for the Ward in which an Arena or Community Centre is located shall be a member of the board by-right-of-office;

b. Ward Councillor positions shall be excluded from the calculation to determine quorum of the board, consistent with the relationship frameworks for arenas and community centres; and

c. despite Part 9.b above, a ward councillor attending a meeting of a board may be counted in order to achieve quorum,

and City Council authorize the City Solicitor to submit a Bill to Council to re-enact Chapter 25 of the former Toronto Municipal Code and the applicable provisions in former Leaside By-law 1374, as a new chapter of the current Municipal Code.

10. City Council amend the composition of its Business Improvement Area Boards of Management to provide that Councillors for the ward(s) in which a Business Improvement Area is located shall be members of the board by-right-of-office and that Chapter 19 of the Toronto Municipal Code be amended accordingly.

11. City Council request the City Manager and the City Clerk to have discussions with the Toronto and Region Conservation Authority on timing of implementing change and any other considerations and City Council continue the appointment of the current City of Toronto representatives on the Toronto and Region Conservation Authority until such time as their successors are appointed.

Public member appointments

12. City Council adopt the following new process for the screening, interviewing and recommending of public appointees to agencies, corporations and tribunals, and the Public Appointments Policy be amended accordingly:

a. the Civic Appointments Committee will screen, interview and recommend to City Council public appointments to the following agency boards:

1. Board of Health;

2. Exhibition Place Board of Governors;

3. Ports Toronto;

4. Toronto Investment Board;

5. Toronto Parking Authority;

6. Toronto Police Services Board;

7. Toronto Public Library;

8. Toronto and Region Conservation Authority;

9. Toronto Transit Commission; and

10. Toronto Zoo;

b. the Mayor's Corporations Nominating Panel will screen, interview and recommend to City Council public appointments to the following boards:

1. CreateTO;

2. Metropolitan Toronto Convention Centre;

3. Toronto Community Housing Corporation;

4. Toronto Hydro; and

5. Waterfront Toronto;

c. City Council establish a Tribunals Nominating Panel with the following Terms of Reference:

1. The Tribunals Nominating Panel is a roster composed of up to nine public members; members from the roster will convene in panels as determined by the City Clerk;

2. The Tribunals Nominating Panel will screen, interview and recommend to City Council public appointments to the following Quasi-Judicial Bodies and Tribunals:

a. Administrative Penalty Tribunal;

b. Committee of Adjustment;

c. Compliance Audit Committee;

d. Dangerous Dog Tribunal;

e. Property Standards Committee;

f. Rooming House Commissioner;

g. Sign Variance Committee;

h. Toronto Licensing Tribunal; and

i. Toronto Local Appeal Body;

3. The City Clerk will recruit the Tribunals Nominating Panel members in accordance with the provisions of the Public Appointments Policy and will recommend the appointment of members to City Council; City Council appoints the Chair;

4. The Tribunals Nominating Panel will conduct proceedings in accordance with Toronto Municipal Code Chapter 27, Council Procedures; Panel meetings will begin and end in public and will comply with the Open Meeting Requirements of the City of Toronto Act, 2006;

5. The City Clerk provides policy support to the Tribunals Nominating Panel;

6. The City Clerk provides meeting management support to the Tribunals Nominating Panel; and

7. The Tribunals Nominating Panel submit recommendations to City Council through the City Clerk.

d. City Council authorize the City Clerk to screen, interview and recommend the balance of the public appointments to City Council through the Civic Appointments Committee, or to Community Council where public appointments have been delegated.

13. City Council approve a per diem for Tribunals Nominating Panel Members of $250 per half-day to a maximum of $5,000 per calendar year pro-rated on an annual basis from the time of appointment and direct the Chief Financial Officer to include a budget of $45,000 for this purpose in the 2019 budget.

Councillor resources

14. City Council set the 2019 annual Councillor staffing budget envelope at $482,000 per Councillor, and the 2019 annual Councillor office budget envelope at $50,000 per Councillor, both effective December 1, 2018, and City Council direct the City Clerk to reflect this in the 2019 City Council budget submission.

15.  City Council authorize Members of Council to approve Council staff salaries above the top of the staff salary ranges as long as total staff salaries remain within the approved Councillor Salary Envelope.

16. City Council amend the Councillor newsletter funds from the Council General Budget to include both postage and production.

17. City Council amend the Parameters for Councillor Constituency Offices Policy to set the annual constituency office rent budget per Councillor at the range of market rents per ward in 2019 as outlined in Attachment 3 to the report (November 26, 2018) from the City Manager and the City Clerk and City Council request the Director, Real Estate Services and the City Clerk to review the market rents and report any recommended changes through the 2019 budget process.

18. City Council request the Deputy City Manager, Corporate Services, to review the actuals in areas where constituency offices would most likely be located.

19.  City Council request the City Manager to review Councillor compensation and recommend an appropriate level of compensation for Toronto City Councillors to City Council by the first quarter of 2019 and to obtain advice from one or more third parties.

Transition provisions

20. City Council direct that as a transition provision, bills previously authorized by a Community Council decision made under delegated authority shall be submitted to and enacted by the Community Council having geographic jurisdiction for the matter effective December 1, 2018.

21. City Council amend Toronto Municipal Code Chapter 169, City Officials to authorize the City Solicitor, in consultation with the City Clerk, to submit bills to City Council to update the Municipal Code to reflect organizational or governance changes, to refresh chapters for readability, accessible and clear language and to reflect current code style.

22. City Council authorize the City Manager to execute and deliver to their respective chief executive officers amendments to the Shareholder Directions of the various corporations that reflect City Council's decision, in a form satisfactory to the City Solicitor.