Minutes Confirmed on February 5, 2013

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

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

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

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

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

The Executive Committee deferred consideration of the item to a special meeting on November 19, 2012.

As part of 2012 Capital Budget deliberations, Council requested that the Deputy City Manager and Chief Financial Officer report back through the appropriate Standing Committee in the first quarter of 2012 on the merits of Sustainable Energy loans to non-City agencies and the private sector.

Current market conditions are considered suitable for energy related projects with positive returns to be financed without support of SEF interest free loans.  It is being recommended that future funding for the City's energy projects be provided from recoverable debt as approved in the annual Capital Budget process for the City's agencies and divisions, with repayment from resulting operating program energy savings or revenue generation. No further loans would be approved for entities external to the City.  It is proposed that the Sustainable Energy Reserve Funds be made available to fund the City's Tree Canopy capital program, which is experiencing rising costs due to the Emerald Ash Borer infestation. 

The Executive Committee recommends that:

1.         City Council receive the item for information.

The Executive Committee recommends that:

1.         City Council receive the item for information.

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

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

The Executive Committee deferred consideration of the item to a special meeting on November 19, 2012.

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

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

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

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

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

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

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

The Executive Committee deferred consideration of the item to a special meeting on November 19, 2012.

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

The Executive Committee deferred consideration of the item to a special meeting on November 19, 2012.

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

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

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

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

The Executive Committee deferred consideration of the item to a special meeting on November 19, 2012.

This purpose of this report is to transmit a report from the Board of Yonge-Dundas Square (YDS) to the City regarding the status of the Board's efforts to achieve financial self-sufficiency, in compliance with a directive by Council to report back to the City on recommendations from the 2011 Core Service Review.

The City Manager submits the report of the Yonge-Dundas Square Board to Executive Committee for information, with the recommendation that it be forwarded to the Budget Committee for consideration to inform review of the Board's 2013 budget submission.  The Board's report confirms deliberations with key stakeholders on the Council directive, including the City Manager's Office, which concluded that the board is currently unable to generate additional revenues or major reductions in operating expenditures given its current business challenges.

The Executive Committee referred the item back to the Executive Director, Social Development, Finance and Administration for further consideration.

This report is an update on work towards the establishment of a City of Toronto–Toronto School Boards Working Group, as requested in Member Motion 23.3 which Council referred to the City Manager's Office on May 8, 2012.  This report recommends for discussion a draft Terms of Reference for such a Working Group.

The intent of the Working Group will be to provide advice and direction on how to better inform and coordinate on issues that concern and affect Toronto residents, including

School accommodation review (ARC), closures, land sales and community service delivery.  This Working Group will not consider land use planning or capital budget, which both have separate processes, nor will it address program agreements that are negotiated directly between City and School Boards staff.

The Executive Committee recommends that:

1.         City Council receive the item for information.

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

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

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

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

-           A new EHS Policy and Procedure manual; and 

-           Staff roles and responsibilities descriptions for divisional responders.

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

The Executive Committee recommends that:

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

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

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

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

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

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

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

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

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

The Executive Committee recommends that:

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

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

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

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

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

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

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

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

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

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

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

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

The Executive Committee recommends that:

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

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

3.         City Council authorize and direct:

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

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

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

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

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

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

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

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

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

The Executive Committee recommends that:

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

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

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

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

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

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

The Executive Committee recommends that:

1.         City Council base the 2013 interim levy for all property classes on 50 per cent of the total 2012 taxes billed for each property, adjusted, as necessary, to reflect any additional taxes added to the previous year's taxes as a result of assessment added to the tax roll.

2.         City Council direct that the 2013 interim levy by-law provide that the interim levy will apply to assessments added to the tax roll for 2012 that were not on the assessment roll when the by-law was passed.

3.         City Council direct that the Interim Bill payment due dates for property tax accounts paid on the eleven (11) instalment pre-authorized tax payment plan be: February 15, March 15, April 15, May 15, and June 17, 2013.

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

5.         City Council direct that the Interim Bill payment due dates for all other property tax accounts on the regular instalment option or on the six (6) instalment pre-authorized tax payment plan be: March 1, April 2, and May 1, 2013.

6.         City Council provide authority for:

a.         the collection of interim taxes;

b.         imposing a penalty charge for non-payment of interim taxes at a rate of 1.25 per cent of taxes due and unpaid and the addition of such charges on the first day of default; and

c.         imposing an interest charge on all outstanding taxes accruing from the first day of default at a rate of 1.25 per cent per month.

7.         City Council grant authority for the introduction of the necessary bill in Council on November 27 and 28, 2012, providing for the levying and collection of the 2013 interim taxes prior to the adoption of the estimates for 2013, which by-law, when enacted, will be effective as of January 1, 2013.

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

The Executive Committee recommends that:

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

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

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

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

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

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

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

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

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

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

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

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

The Executive Committee recommends that:

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

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

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

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

The decrease in lost time injuries was largely attributable to:

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

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

The Executive Committee recommends that:

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

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

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

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

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

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

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

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

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

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

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

Response Rate:

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

This report responds to the motion "that City Council direct the City Clerk and the Deputy City Manager and Chief Financial Officer to investigate ways to create a reserve account under the corporate accounts to deal with re-earnable bonus of City Councillors' staff ", approved by City Council during its discussion of EX21.18 "Non-Union Employee Compensation" at its meeting of July 11, 12 and 13, 2012, and seeks direction on this matter.

City Council on October 2, 3 and 4, 2012, referred Motion MM26.8 to the Executive Committee for consideration.

From humble beginnings 37 years ago, the Toronto International Film Festival (TIFF) has grown to become a world-renowned cultural institution hosting the third-largest international film festival and providing a key anchor for the renewal of King Street West and the Entertainment District. TIFF has recently moved into a new permanent home, the TIFF Bell Lightbox at 350 King Street West. While TIFF Bell Lightbox has not yet been assessed by the Municipal Property Assessment Corporation, it is estimated that property taxes for the TIFFoccupied portion of the facility will be approximately $1.5 M per year.

TIFF has requested support from the City to obtain relief from this property tax. Specifically, TIFF is asking that the City express support for provincial legislation that would enable the City to pass a by-law to exempt TIFF from property taxes on its portion of the new facility.  For-profit businesses sharing the facility will continue to pay property taxes.

As a registered charity, TIFF is entitled to a 40 percent property tax rebate. However, the increased tax impact of its larger new facility will be substantial compared to its previous rented space at 2 Carlton Street ($66,000.00 in 2010 after the statutory charity rebate). A property tax exemption would provide an estimated $900,000 in additional assistance to TIFF, approximately $500,000 of which would be tax relief from the City with the rest accounted for by an exemption from Provincial education property taxes. The proposed property tax relief would assist in the servicing of $44 million in capital debt related to the new facility.

While City Council support is not required to enact Provincial legislation, such support is generally viewed favourably by the Legislature when considering such Bills.

(Submitted to City Council on October 2 and 3, 2012, as MM26.8)

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