Agenda

The City Manager recommends that:

1.         City Council establish the following Council Advisory Bodies for the term ending November 30, 2018 or until their mandate is completed within the 2014 to 2018 term:

a.         Aboriginal Affairs Committee;

b.         City-School Boards Advisory Committee;

c.         Film, Television and Commercial Production Industry Committee (Film Board);

d.         Toronto French Language Advisory Committee; and

e.         Toronto Music Industry Advisory Council.

2.         City Council approve the Terms of Reference attached in Appendix B, C, D, E, F and G to this report for the Council Advisory Bodies in Recommendation 1 and for the Disability Issues Committee.

3.         City Council request the City Clerk to invite the participation of Toronto-area School Boards on the City-School Boards Advisory Committee as described in the proposed terms of reference in Appendix C to this report.

4.         City Council direct that the establishment of Council Advisory Bodies be coordinated through the City Manager's Office including the development of Terms of Reference for City Council's approval to ensure compliance with applicable legislation and City by-laws and policies.

This report recommends the establishment of Council Advisory Bodies for the 2014 to 2018 Council term and the approval of their Terms of Reference. The Council Advisory Bodies recommended for establishment for the 2014 to 2018 term are:

-        Aboriginal Affairs Committee;

-        City-School Boards Advisory Committee;

-        Film, Television and Commercial Production Industry Committee (Film Board);

-        Toronto French Language Advisory Committee; and

-        Toronto Music Industry Advisory Council.

The Disability Issues Committee is required under the Accessibility for Ontarians with Disabilities Act, 2005 and is automatically established for each term of City Council. Similarly, the Heritage Preservation Board is established under Toronto Municipal Code, Chapter 103, Heritage, and is established automatically for the 2014-2018 Council term.

City Council must approve the Terms of Reference for Council Advisory Bodies in accordance with Chapter 27, Section 130(B) of the Toronto Municipal Code.  The City Manager's Office has reviewed and updated the Terms of Reference for Council Advisory Bodies recommended for establishment for this term of Council to ensure compliance with relevant legislation, City by-laws and policies. 

There are no financial implications resulting from this report. The Council Advisory Bodies recommended in this report will be provided meeting management support through existing resources in the City Clerk's Office.  Recruitment activities may also create additional work for the City Clerk's Office.

The Deputy City Manager and Chief Financial Officer has reviewed the financial impact statement and concurs with the financial impact statement.

The City Manager recommends that:

1.         City Council direct the City Manager, in partnership with the Province, to carry out the accelerated SmartTrack work plan as described in this report.

2.         City Council request the Province and Metrolinx to include the following additional SmartTrack elements in the design and review of Regional Express Rail (RER) on the Stouffville/Lakeshore East GO corridor from Unionville to Union Station, and on the Kitchener GO corridor from Mount Dennis to Union Station:

a.         A service frequency of better than 15 minutes;

b.         All-stop service in both directions;

c.         Accelerated electrification of the entire SmartTrack line;

d.         Transit service integration;

e.         Integrated fares between GO Transit and the TTC;

f.          Seven additional stations on the Stouffville GO/Lakeshore East GO corridor (totaling 14 with Union Station); and

g.         Three additional stations plus the already planned new station at Mount Dennis on the Kitchener GO corridor (totaling 5 with Mount Dennis).

3.         City Council direct the City Manager, in partnership with Metrolinx and the TTC, to undertake a feasibility study of SmartTrack options on the Eglinton Avenue West corridor, from Mount Dennis station to the Mississauga Airport Corporate Centre, including:

a.         At least 3 stations;

b.         Integration with the Kitchener GO corridor/RER plan;

c.         Public consultation to inform the study; and

d.         Preparing the feasibility study as a background study for the Transit Project Assessment Process (TPAP), subject to further Council direction.

4.         City Council request the City Manager in collaboration with provincial officials and other funding partners to prepare:

a.         A strategy for the sharing of the capital costs of implementing the SmartTrack enhancements to RER as referenced in Recommendations 2 and 3 above; and

b.         A strategy for the financing of the City's share of the capital costs as identified above.

5.         City Council amend the 2015 Interim Estimates report contained in Item EX1.6 to include additional funding of up to $750,000 in the 2015 interim capital estimates, of the Transit Expansion Initiatives capital project and to include additional funding of up to $900,000 in the 2016 capital budget estimates, to conduct the studies, and analyses, as outlined in Recommendation 2 and 3 above.

6.         City Council request the Province and Metrolinx to work in partnership with the City and other affected municipalities on the RER public outreach and engagement strategy, and include SmartTrack as a component of the strategy.

7.         City Council direct the City Manager, in partnership with the Province, Metrolinx and the TTC, to prepare a report for Executive Committee consideration for the fall of 2015 on the following:

a.         Kitchener GO and Stouffville/Lakeshore East GO RER/SmartTrack service concept, infrastructure plan, and business case analysis;

b.         Eglinton West Corridor feasibility study findings described in Recommendation 3, including options for rapid transit on the Eglinton West Corridor;

c.         High level cost estimates and planning analysis for all three corridors;

d.         Capital cost sharing and City financing strategy;

e.         Plan for undertaking additional Environmental Assessments (EAs) that may be required on all corridors; and

f.          Update on public consultation activities.

On July 24, 2014, the Ontario Legislature passed the Building Opportunity and Securing Our Future Act (2014 Budget Measures), which included a $15 billion commitment to funding transit expansion in the Greater Toronto and Hamilton Area (GTHA). The Province made a commitment to deliver Regional Express Rail (RER) which envisions expanding GO Transit rail service across all corridors. RER will provide two-way, all-day, GO service as frequent as every 15 minutes through electrification of provincially owned GO rail corridors. The RER program will be delivered over the next ten years by the Province's regional transportation agency, Metrolinx.

The SmartTrack plan builds upon the provincial RER initiative, and proposes a 53 kilometre, all-day two-way frequent service operating within two GO Rail corridors (Kitchener and Stouffville/Lakeshore East) and a new heavy rail corridor along Eglinton Avenue West to the Mississauga Airport Corporate Centre. With connections to Mississauga and Markham, the regional line proposes 22 station stops, of which 13 are new. The proposal indicates the project is to be delivered within 7 years. The SmartTrack plan requires approval from both City Council and the Province, as the line would be delivered and operated on provincially owned GO Transit rail corridors.

On December 11, 2014, City Council directed the City Manager to work with the Toronto Transit Commission (TTC) and the Provincial Government and its agencies to provide an accelerated work plan for a review of the SmartTrack and RER plans. A joint review of the infrastructure requirements, planning, social, economic development considerations, and incremental costs of implementing the SmartTrack plan will be undertaken through several phases of work outlined in this report.

Metrolinx has a work plan for RER which includes developing the service concept (i.e. frequency, type of service), identifying infrastructure needs, and developing a phasing strategy to determine the optimal sequencing of delivering RER to all GO rail corridors. Metrolinx is also undertaking a business case analysis to prioritize RER with other Next Wave projects identified in The Big Move regional transportation plan. Metrolinx will be submitting its business case analysis for RER, and other Next Wave projects to the Province in Q2 2015. A response from the Province is anticipated by Q3 2015.

The City has established a joint committee with the Ministry of Transportation, Metrolinx, and the TTC to integrate the SmartTrack plan with RER. The committee has prepared an accelerated work plan which compresses the schedule typically required to review a complex intergovernmental project like SmartTrack. Given the aggressive timelines committed to by the Province on the delivery of RER, the additional work to assess SmartTrack enhancements has been factored into the work plan.

The City and TTC will work with Metrolinx to incorporate SmartTrack in the business cases for Kitchener GO and Stoufville/Lakeshore East GO corridors for provincial consideration. The results of these business cases as approved by the Province will be presented to Council in the fall. The technical feasibility of rapid transit options on a new rail corridor along Eglinton West to Mississauga Airport Corporate Centre will also be reviewed. The City's preliminary business case for SmartTrack on the Eglinton West Corridor will be presented to the Province and City Council in fall 2015.

The work plan proposes, if required, a second report to City Council early in 2016 to provide the final business case, funding strategy and implementation plan for the Eglinton West Corridor, subject to further Council direction.

Ongoing negotiations regarding project governance, financing and project delivery are underway among City and funding partners. Staff recognize the work plan envisioned may require adjustment reflective of intergovernmental discussions and further direction from City Council.

At the December 11, 2014 meeting, City Council authorized $750,000 in the 2015 budget to conduct the various studies and analyses required to review the SmartTrack plan. Table 1 provides a breakdown of the required SmartTrack studies with approved funding.

Table 1. SmartTrack Studies Approved in 2015 Budget

Additional funding is required to undertake the studies listed in Table 2:

Table 2. Additional SmartTrack Studies 2015-2016

The total funding required in 2015 (approved and requested) is $1.5 million and $900,000 in 2016. Funding is available for this project in the Transit Expansion Initiatives capital project included in the 2015 -2024 Recommended Capital Budget and Plan for Corporate Initiatives, currently being considered by Council as part of the 2015 Budget process.

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

The Acting Deputy City Manager, Cluster A, and the Deputy City Manager and Chief Financial Officer recommend that:

1.         City Council authorize the Chief Corporate Officer to negotiate the acquisition of the Property with the Toronto District School Board "TDSB" and the Toronto Lands Corporation "TLC" at the purchase price outlined in Confidential Attachment 1, and authorize the City to enter into an agreement of purchase and sale substantially on the terms outlined in Appendix "A" to this report and on such other terms and conditions and such related documents as may be acceptable to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

2.         City Council amend the 2015 Parks, Forestry and Recreation Capital Budget to create a new capital project called "12 Bannockburn Avenue- Land Acquisition" as outlined in Confidential Attachment 1, including all fees and disbursements, to be funded from the following reserve funds: Park Acquisition – North York pre 1999 (XR2004), 5% and 2% Land Acquisition Reserve Fund – North York (XR2008), Parkland Acquisition – North York (XR2039), Alternative Parkland Dedication for Ward 16 (XR2213-4200615, XR2213-4200628, and XR2213-4200629) and Parkland Acquisition – North District Local Land (XR2206), when successful negotiations are completed.

3.         City Council authorizes severally each of the Chief Corporate Officer and the Director of Real Estate Services to execute the Offer to Sell agreement (the "Agreement") and associated agreements and documents under the Agreement on behalf of the City.

4.         City Council authorize the Chief Corporate Officer to administer and manage the transaction, including the provision of any consents, approvals, waivers and notices, provided that she may, at any time, refer consideration of any such matters (including their content) to City Council for its consideration and direction.

5.         City Council authorize the City Solicitor to complete the contemplated transaction  on behalf of the City, including paying any necessary expenses, amending the closing, due diligence and other dates, and amending and waiving terms and conditions, on such terms as she considers reasonable.

6.         City Council authorize the public release of the confidential information and recommendations in Confidential Attachment 1 once the transaction contemplated in this report has been completed, and Toronto District School Board has disposed of its interest in the remainder of the 2.13 acre surplus parcel.

7.         City Council authorize that the appropriate City officials be directed to take the necessary action to give effect thereto.

This report seeks Council direction to proceed with the purchase of a portion of surplus school lands at 12 Bannockburn Avenue, based on a counter-offer to the Toronto Lands Corporation as outlined in Confidential Attachment 1.  

The operating and maintenance costs of the Property are estimated at $18,000 per year, starting in 2016.  The maintenance cost for the remainder of 2015 will be absorbed within the 2015 Parks, Forestry and Recreation Operating Budget.  The future operating impact for this Property will be added to the 2016 Operating Budget submission when full maintenance services are expected to commence. Park development costs of between $500,000 and $600,000 will be covered in the 2016 Capital Budget with no impact to other planned Parkland Development projects.

The General Manager, Toronto Water recommends that:

1.         City Council authorize the reallocation of funds in Toronto Water's approved 2014 Water Capital Budget and 2015-2023 Capital Plan in the amount of $42.455 million, from projects that have been completed or awarded under-budget to those requiring additional funding in the same amount, and for project accelerations and deferrals as presented in Schedule A, with a zero Budget impact.

The approval of this report will authorize the reallocation of 2014 approved cashflow to align with the deferral, acceleration and adjustment of funds in Toronto Water's approved 2014 Capital Budget and 2015-2023 Capital Plan in the total amount of $42.455 million, as presented in Schedule A.

Due to delays in completion of detailed designs a few capital projects have fallen behind schedule in 2014. In addition, a number of projects have been completed, and committed funds have been released. As a result, funding from these delayed or completed projects is available for reallocation to address projects that are proceeding ahead of schedule or have received higher than expected bid prices.

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

The Chief Executive Officer, Exhibition Place recommends that:

1.         City Council authorize the Board to enter into an agreement with Pepsico for a period of five years, commencing on the date of approval of City Council, to be the official and exclusive soft drink provider to Exhibition Place, including Direct Energy Centre, on the terms and conditions set out in this report and such other terms and conditions as may be satisfactory to the Chief Executive Officer and the City Solicitor; and

2.         City Council direct that the confidential information contained in Attachment 1 to this report not be released publicly given involves the security of the property belonging to the City or one of its agencies, boards and commissions.

This report recommends a five-year agreement between the Board of Governors of Exhibition Place and Pepsico Beverages Canada Ltd. (Pepsico) to be the official and exclusive soft drink provider to Exhibition Place (including the Direct Energy Centre).

Financial implications of this sponsorship agreement will be a positive cash contribution as set out in the Confidential Attachment reflecting a sponsorship fee, commissions and contributions' for marketing and promotions.

The Chief Executive Officer, Exhibition Place recommends that:

1.         City Council authorize the Board to execute the Memorandum of Understanding with EnerCare attached as  Appendix "A" and in the Confidential Attachment 1 to this report, and to negotiate an agreement with EnerCare for a name-in-title sponsorship for the Direct Energy Centre substantially on the terms and conditions set out in the Memorandum of Understanding  and such other terms and conditions as may be satisfactory to the Chief Executive Officer, and in a form satisfactory to the City Solicitor; and

2.         City Council direct that the confidential information contained in Attachment 1 to this report not be released publicly given it involves the security of the property belonging to the City or one of its agencies, boards or commissions.

The Toronto Police Services Board recommends that:

1.         The Executive Committee receive this report for information.

The Deputy City Manager and Chief Financial Officer recommends that:

1.         This report be received for information.

This supplementary staff report is in response to two reports from the Chief of the Toronto Police Service (TPS) forwarded by the Toronto Police Services Board (TPSB) to Executive Committee for consideration at its meeting on January 22, 2015. One report explores the feasibility of outsourcing court security functions and transferring the function to City of Toronto Corporate Security.  The other explores the feasibility of outsourcing parking enforcement functions. The reports are in response to requests by City Council made during its consideration of the 2014 Budget.

Court security and parking enforcement functions are currently provided by civilian members of the TPS. Both reports describe these members as providing a range of duties and responsibilities that are embedded in the service delivery model of the TPS and supportive of the work of front-line police officers. Further, they highlight significant, negative business and financial implications of transitioning to alternative service delivery models, including predicted impacts on police operations, ongoing employment-related obligations to over 1,100 TPS members and potential impacts on revenue to the City. Both reports suggest further study is needed to assess the current service delivery model against the potential costs and benefits of an alternative model and the impact on the TPS.

The TPSB received the reports from the Chief and forwarded them to the City, but will not be reviewing and considering them until it receives a report on the comprehensive organizational review of the TPS currently underway by consultants KPMG.

The Deputy City Manager and Chief Financial Officer has considered the Chief's reports and does not recommend further investigation of outsourcing court security or parking enforcement functions unless new information or analysis is brought forward from the TPSB or the TPS, or changes are made to the relevant terms in the Toronto police collective agreements.

Councillor Ceta Ramkhalawansingh, seconded by Councillor Pam McConnell, recommends that:

1.         City Council request the Government of Canada to change 'O Canada' to be gender inclusive, thereby including all Canadians.

City Council on August 25, 26, 27 and 28, 2014, referred Motion MM55.18 to the Executive Committee.

This Motion seeks to reaffirm City Council's continued leadership and advocacy on gender inclusion by making O Canada gender inclusive. Toronto City Council's leadership on gender equity can be traced to efforts by former Mayors who supported efforts to gain women's right to vote, through use of civic facilities for meetings on Suffrage, through the elections of the first women as members of municipal councils in Canada (Constance Hamilton and Agnes MacPhail), and through the establishment of a Mayor's Task Force on the Status of Women to respond to the Recommendations of the 1970 Royal Commission on the Status of Women. These historical commitments by City Council have been strengthened in numerous ways through a range of programs, policies and partnership programs with community organizations. In addition, the City of Toronto has been a leader in building the capacity of women to participate in public life through the Federation of Canadian Municipalities' Regional Champions Program.

To further recognize the rights of women to be represented in all aspects of society, women's organizations and civil rights groups across Canada have endorsed the "Sing All Of Us" campaign which seeks to substitute the words "our sons" with "of us" in "O Canada". First written in 1908, the original words of the Anthem were gender neutral, with words "thou dost in us command". The words of "O Canada" were changed several times (1913, 1914, 1916, 1927 and 1980) by Judge R. Stanley Weir, who authored the original. It was not until July 1, 1980 that "O Canada" became Canada's anthem through the National Anthem Act. There have been nine private member's bills since 1980 urging the Government of Canada to make the National Anthem gender inclusive.

(Submitted to City Council on August 25 and 26, 2014 as MM55.18)

The Deputy Mayor Pam McConnell recommends that the Executive Committee request:

1.                 That the Chief Corporate Officer, in consultation with the Deputy City Manager and Chief Financial Officer, report through the 2015 Budget process on accelerating designs for the repairs and upgrades to the elevated walkways, Hagerman Street, and Bay Street by including the design costs in the 2015 Capital Budget, and;

2.         That the Chief Corporate Officer, in consultation with the Deputy City Manager and Chief Financial Officer and other appropriate staff, explore with the local Councillors opportunities for Section 37 funding to renovate the ceremonial ramp, and if these funds are identified, report through the 2015 Budget process on accelerating from 2019 the design work to 2015 and the implementation to 2016.

On 5 January 2015, the Government Management Committee received a project update on the Nathan Phillips Square revitalization (item GM1.3).  The report outlined several key elements that were deleted from the project in order to keep the revitalization within the approved budget.

Recognizing the importance of some of these subprojects, some of the rehabilitation and upgrade work will be added to Facilities Management's State of Good Repair (SOGR) budget for 2016.  This work includes:

-           Rehabilitation and repair of the elevated walkways (estimated $1.8 million);

-           Hagerman Street upgrades (estimated $0.3 million), and;

-           Bay Street upgrades (estimated $0.5 million), as well as;

-           Rehabilitation and repair of the ceremonial ramp (estimated $0.6 million) in 2019.

Councillors, residents, and City staff are equally frustrated by the length of time needed to complete the revitalization.  Like Parliament Hill and Queen's Park, City Hall and Nathan Phillips Square are not simply the physical centre of our government but are also a significant and symbolic focal point. That this iconic landmark – one of the most visited and photographed by tourists – is not achieving the appropriate grandeur is both disappointing and embarrassing.

To end the prolonged incomplete state of the revitalization, I am asking that design work for several key elements be executed in the coming year, so that the renovations and repairs can be quickly tendered and implemented in 2016.  I am also requesting that work on the ceremonial ramp – a focal point of City Hall – not be delayed until the end of the decade.  To facilitate this work, other downtown Councillors and I will work with staff to identify opportunities through Section 37 benefits to accelerate the design and the rehabilitation work to 2016.