Minutes Confirmed on October 30, 2013

The City of Toronto collects development charges from new construction to pay for a portion of net municipal growth-related capital costs.  The City’s current development charges by-law expires on April 30, 2014.  A new Development Charges Background Study has been prepared pursuant to the Development Charges Act, 1997.  The purpose of this report is to present the 2013 Development Charges Background Study and the proposed development charges by-law for consideration at a statutory public meeting. 

Development charges rates, as set out in the background study, are calculated on a cost recovery basis and represent the maximum charges that can be imposed.  These represent notable increases over current levels and are primarily the result of revised growth forecasts, updated capital programs, and discounts in the current charges.

If the recommended charges are adopted by Council, at the end of the proposed phase-in period, residential development charges would increase by about 90% and non-residential development charges (i.e. primarily retail charges) would increase by approximately 30% over current levels.

The proposed by-law continues many of the current policies, including exemptions for affordable rental housing, industrial development and employment uses qualifying under the Imagination, Manufacturing, Innovation and Technology Financial Incentives Program.  The non-residential charge would continue to apply to the ground floor only of non-exempt, non-residential development (primarily retail).  In addition, the Tier 2 Toronto Green Standard development charges incentive program is proposed to be continued at the levels approved in the 2009 by-law.  These and other definitional changes in the proposed by-law are unaffected by the transition provisions, which apply only to the level of the charges, and shall be effective from the date that the by-law comes into force.

Proposed transition provisions implement the changes in the rates over a period of time in order to mitigate the impact of the new rates on development applications that are well along in the development approval process and to allow for an orderly implementation of the new by-law.  The change in the rates would be phased-in over a nine month period with full implementation by July 1, 2014. 

After the statutory public meeting, it is proposed that staff report to the October 8, 2013 meeting of City Council on the results of the public meeting and any recommended changes to the by-law.

The Executive Committee:

1.         Elected Deputy Mayor Norm Kelly as Chair of the Employee and Labour Relations Committee for a term of office starting September 24, 2013 and ending November 30, 2014 and until a successor is appointed.

There was one nomination. The Chair declared Deputy Mayor Norm Kelly the Chair of the Employee and Labour Relations Committee.

The Executive Committee recommends that:

1.         City Council retain the Toronto Zoo and the Zoo Board of Management as a City Board and agency pursuant to the City of Toronto Act.

2.         City Council request that the Toronto Zoo Board of Management's forthcoming 2014 Strategic Plan include the following:

a.         A Facility Master Plan;

b.         Sources of capital and operating program funding including: fundraising, sponsorships and partnerships, with an emphasis on the promotion of wildlife and habitat conservation, environmental sustainability, and public education;

c.         Strategies to improve on site visitor spending, and possible addition of new compatible activities or other measures which boost attendance and net revenues;

d.         Possible joint programs and capital projects in partnership with Parks Canada within the implementation of the Rouge National Urban Park; and

e.         Service efficiencies that reduce the need for government operating funding.

3.         City Council request that the Province of Ontario take a strong role in the future of the Toronto Zoo given its function as a major regional attraction and its importance to the regional economy as a major tourism, recreation, wildlife conservation and education venue, and that the City Manager, in consultation with the Chief Executive Officer of the Toronto Zoo, initiate discussions with the Province on these principles and to establish a funding partnership for Toronto Zoo programming and shared capital infrastructure.

4.         City Council request Parks Canada to enter into an agreement with the Toronto Zoo, the City of Toronto, and the Toronto Region Conservation Authority for ongoing collaboration, joint programming and shared facility management related to the Rouge National Urban Park; and request the Government of Canada to provide funding for any new or shared joint capital infrastructure.

5.         City Council request the Chief Executive Officer of the Toronto Zoo, in consultation with the City Manager, to engage stakeholders such as the University of Toronto, the University of Guelph, the Toronto and Region Conservation Authority and other Greater Toronto Area municipalities on their financial and program participation in the future of the Toronto Zoo.

6.         City Council direct the City Manager, with appropriate City Officials and the Chief Executive Officer of the Toronto Zoo, to finalize the terms and report back to City Council on a revised Tripartite Agreement for the use of the zoo lands between the City, the Toronto Zoo Board and the Toronto and Region Conservation Authority.

7.         City Council request the Toronto Zoo Board of Management, in consultation with the City Manager, to create a separate and independent charitable foundation for fundraising, sponsorship, donation and partnership purposes in alignment with its 2014 Strategic Plan.

8.         City Council affirm that the Toronto Zoo Board of Management is solely responsible for any future decisions regarding the acquisition, disposition and overall management of the Zoo's animal and plant collection.

9.         City Council request that the City Manager, in consultation with the Chief Executive Officer of the Toronto Zoo and Zoo Board of Management, review the board governance and develop a Relationship Framework between the City and the Toronto Zoo for Council approval, incorporating the outcomes of Recommendations 1 to 8 within the report (September 10, 2013) from the City Manager.

The Executive Committee requested the City Manager to consult with representatives of the Toronto Zoo and report directly to the October 8, 2013 meeting of City Council with any amendments that may be necessary.

In October 2012, City Council requested the City Manager to cancel a Request for Expressions of Interest for Toronto Zoo operations, maintaining the Toronto Zoo as a City Board and agency. City Council also requested the City Manager to review an unsolicited proposal from the Zoo Board of Management, titled "the Future of Zoo Governance" taking into account the City's financial position and the Core Service Review. The following report is the City staff response to the Zoo Board proposal.

City Board and agency or separate non-profit corporation

The Zoo Board's proposal (the Proposal) (Attachment 1) recommends the Toronto Zoo separate from the City by reorganizing into a private non-profit corporation to operate and manage the Toronto Zoo through a management agreement with the City.

The Proposal identifies potential benefits of a privately managed Zoo. A Best Case financial model projects that a City operating subsidy would be not be required by 2018, and a Base Case model projects a reduction in the City's operating subsidy to $170 thousand by 2022. It must be noted that these projections rely on an assumption that the Zoo can generate significant additional revenues. City staff note that if these additional revenues are not realized it would present a considerable risk to the projected financial model. Under the Proposal, the City would retain ownership of all facilities and contribute $6 million annually on an ongoing basis while ownership of the animals would be transferred to the Zoo.

The Proposal also recommends the creation of a new board structure of up to thirty members to engage in governance activities, with expanded emphasis on fundraising, sponsorship, partnerships and public outreach. The new board would include a minimum of three members of City Council and one City staff ex-officio position.

City staff have reviewed the Proposal and have identified a number of potential risks to the City. Although the City's subsidy may be reduced, staff note that there is no assurance of financial sustainability for the Zoo within a ten year timeframe. Zoo and City staff analysis indicates that zoos restructured to become more independent of government control still require municipal and other government funding. Other potential risks include the Zoo's ability to maintain City assets, the ability to secure commercial financing, and the protection of City interests in investment policies and activities. In addition, the City would remain the owner of the Zoo's assets and provide an ongoing capital subsidy. In staff's view, the potential risks of a privately managed zoo, with considerable ongoing financial liability to the City, outweigh the potential financial benefits.

Further, staff advise that the proposed governance structure does not adequately reflect the degree of participation and access for members of City Council necessary to oversee the significant public funds provided to the Toronto Zoo by the City of Toronto.

As a result, this report recommends that the Toronto Zoo be retained as a City Board and agency as it is unlikely the Toronto Zoo will become financially independent of the City. Moreover, given that the City will be providing an ongoing and significant operating and capital subsidy to the Zoo, the proposed separation from the City without adequate City Council representation on a new board cannot be supported.

Partnership with other governments

This report discusses the Toronto Zoo within a regional context and recommends the Province of Ontario take a strong role in the future of the Zoo, and to consult with other GTA municipalities and learning and research institutions to inform the future vision of the Toronto Zoo. The importance of the Rouge National Urban Park is emphasized as a major opportunity and catalyst to increasing the Toronto Zoo's focus on wildlife and habitat conservation, environmental sustainability and outdoor recreation. This report requests that Parks Canada collaborate and enter into an agreement with the City of Toronto, the Toronto Zoo and the Toronto and Region Conservation Authority (TRCA) on potential shared programming and regional attraction planning within the future vision of the Rouge National Urban Park, and the Government of Canada to contribute funding towards shared capital infrastructure.

This report also recommends that the Tripartite Agreement with the TRCA, which is the licence for use of Zoo lands, be revised to support the ongoing and future needs of the Zoo.

2014 Zoo Strategic Plan, Facility Master Plan and new charitable foundation

The Proposal outlines many positive and innovative approaches including plans for increased revenue and attendance, improved stakeholder and community involvement, fundraising opportunities, and furthering conservation and environmental objectives. Staff advise that these initiatives can be advanced under the current City agency structure. This report recommends that the Toronto Zoo Board's Strategic Plan, which is scheduled for completion in 2014, build on these approaches and detail future programs and capital requirements, including a Facility Master Plan. This report also recommends that the Zoo Board establish a separate and independent charitable foundation for fundraising, sponsorship, donation and partnership purposes in alignment with its Strategic Plan.

Zoo management and operations, and City-Zoo relationship framework

It is important to note that this report recommends that Council affirm that future decisions regarding the acquisition, disposition and overall management of the Zoo's animal and plant collection is the responsibility of the Toronto Zoo Board of Management.

Finally, the Proposal identifies a desire to broaden Zoo Board composition to include stakeholder groups and high profile citizens to improve community and stakeholder engagement. This report recommends that the City Manager review the existing City agency governance structure and prepare a Relationship Framework, in consultation with the Chief Executive Officer of the Toronto Zoo, for Council approval, incorporating the outcomes of discussions with the Province of Ontario, the Government of Canada, consultations with key stakeholders, and the 2014 Zoo Strategic Plan.

In 2009, the City entered into a Multi-Party Agreement (the “MPA”) with key parties, including the Federal and Provincial governments, and committed to delivering certain capital projects in relation to hosting the 2015 Pan American and Parapan American Games (the “2015 Games”).  This included a commitment to build an aquatic centre and field house for use during the 2015 Games.  In November 2012, City Council endorsed the establishment of a joint not-for-profit corporation with the Governing Council of the University of Toronto, for the purposes of operating the new facility, and authorized staff to enter into related negotiations with the University of Toronto.

As the next step in the process, this report recommends:

-           the establishment of a corporation to manage and operate the Toronto Pan Am Sports Centre (“TPASC”) to be jointly owned by the City of Toronto and the University of Toronto (“the University”);

-           the terms and conditions for co-ownership and shareholder agreements between the City and the University, including the governance structure for the corporation;

-           the City’s appointments to the Board of Directors of the corporation;

-           the inclusion of an exemption for the new corporation in the Lobbying by-law;

-           the designation of the Toronto Pan Am Sports Centre as a municipal capital facility; and

-           the provision of a loan guarantee to the Toronto Pan Am Sports Centre.

City staff have been working with University staff on the terms and conditions that would define the relationship between the City and University as shareholders of the corporation and as co-owners of the Toronto Pan Am Sports Centre (referred to in previous reports as the Pan Am Aquatic Centre and Field House, or PAAC).  There is consensus between the University and the City on the approach, the governance structure and the terms and conditions for the required agreements, as set out in this report.  Recognizing the complexities in the first few years with start-up followed by temporary transfer of the operation of the facility for the 2015 Games, there is also consensus on the establishment of a transition board composed of City and University staff for the initial 3 year period.

As a 2015 Games legacy facility, the Toronto Pan Am Sports Centre will have numerous uses by the City, University and other organizations and clubs including recreational programming and services, fitness training and high performance athlete training.

Substantial completion of the Toronto Pan Am Sports Centre is scheduled for July of 2014.  Consequently, it is expected to be operational for use by the general and university communities in September 2014.  The Toronto Organizing Committee for the 2015 Pan American and Parapan American Games (“Toronto 2015”) will have exclusive use of the Toronto Pan Am Sports Centre from May 15, 2015 to September 15, 2015 to prepare for and stage the 2015 Games and to return the Toronto Pan Am Sports Centre to the City and University at the end of that period.

The co-ownership and shareholder agreements between the City and University are to be executed in 2013.  This will permit implementation of the governance structure as well as establishment of a management team and operational plans and procedures.  These elements must be in place on a schedule that aligns with time lines for the 2015 Games.

The Executive Committee recommends that:

1.         City Council receive the report (September 10, 2013) from the City Manager, for information.

This report provides information on harassment and discrimination enquiries and complaints raised by service recipients and City employees to the following complaint resolution avenues: the City's Human Rights Office (HRO); the Human Rights Tribunal of Ontario (HRTO); and the City's grievance/arbitration process in 2011 and 2012.  The report also considers complaint trends and initiatives to promote consistent human rights practices that ensure legislation breaches and/or penalties against the City are minimized.

In 2011, the Human Rights Office transitioned to the newly established Equity, Diversity and Human Rights Division (EDHR), located in the City Manager's Office.  As expected, the new alignment raised the profile of the the City's Human Rights Office (HRO) and expanded its complaints compliance/management function to ensure the advancement of equity into all aspects of TPS programs and services. An increase in demand for the City's Human Rights Office (HRO) services, evolving rights and jurisprudence resulting in greater complexity of complaints and an expanding the City's Human Rights Office (HRO) mandate, produced a large complaint backlog and prevented the City's Human Rights Office (HRO) from producing this report in 2011. Therefore, this report captures data and trends from 2011 and 2012.

The City's Human Rights Office (HRO) responded to 1053 and 1148 human rights related issues raised by employees and service recipients in 2011 and 2012 respectively - refer to Table 1.

Table 1 – Consultations and investigations managed by the HRO 2008 to 2012.

As with previous years' complaint patterns, the most frequently cited grounds of complaint raised to the City's Human Rights Office (HRO) were: workplace harassment, disability, sex and race – refer to Table 2. 

While issues raised to the City's Human Rights Office (HRO) increased, grievances of harassment and discrimination – refer to Table 4, decreased from 109 in 2011 to 97 in 2012. Complaints filed by employees and service recipients to the Human Rights Tribunal of Ontario (HRTO) also decreased from a total of 33 in 2011 to 13 in 2012 – refer to Table 5. The City's Human Rights Office's process has repeatedly proven to be the most cost efficient option for the City. Re-allocation of resources will address the growing demand for City's Human Rights Office (HRO) services.

The City Manager reports regularly to Council on the delivery of programs and services to Toronto's diverse population. It is the City's priority to provide accessible and equitable programs and services to residents and employees. Addressing equity, diversity and human rights and embedding these principles and practices in program and service delivery helps the City reach its goal of being a welcoming, inclusive and prosperous city.  Furthermore, it helps the City achieve Customer Service Excellence and meet legislative and policy obligations.

Since the establishment of the newly aligned Equity, Diversity and Human Rights (EDHR) Division in 2011, the City has made major progress in providing corporate leadership, support and guidance to both residents and City divisions on access, equity, diversity and human rights issues. The new division, with its consolidated focus on producing equitable outcomes for all City residents and Toronto Public Service (TPS) employees, aligns current and emerging community needs with the City's legislative obligations, policies, programs and services. Similarly, the EDHR Division supports practices that make the City an employer of choice. However, in order to provide the TPS with clear direction and produce consistent outcomes, the EDHR Division is developing a corporate Equity, Diversity and Human Rights Framework for the TPS supported by an expanded Equity Lens Tool (to be completed by the end of 2013).

This report highlights promising and exceptional City programs, services, and initiatives from across the corporation that serve the City's dual role: (1) City as employer and (2) City as a provider of customer service. In comparison to the 2011 Equity, Diversity and Human Rights Achievements Report, there has been notable progress in the number of employees and individuals from priority groups receiving mentoring opportunities and in the number of employees completing equity, diversity and human rights training. Similarly, there has been an increase in initiatives/programs/services related to: accessibility; equity based partnerships with community organizations or other levels of government; embedding equity; employment services/training; and programs and services dedicated to vulnerable women, families and children.  Further highlights of divisional achievements are provided in Appendices 1 through 4.

The Executive Committee recommends that:

1.         City Council authorize the General Manager of Economic Development and Culture (EDC) to work with Parks, Forestry and Recreation (PFR), Heritage Preservation Services, and the City Manager to proceed with the utilization plan for the salvaged wood, using the criteria outlined in item 3a of the Comments section of the report (September 9, 2013) from the General Manager, Economic Development and Culture, and to report back on the allocation and use of the salvaged wood.

2.         City Council authorize the General Manager of Economic Development and Culture to develop a business case for a Maple Leaf Forever National Art Competition at a cost of $150,000 as outlined in item 3b of the Comments section of the report (September 9, 2013) from the General Manager, Economic Development and Culture, to be included for consideration as part of the 2014 budget process.

3.         City Council direct the General Manager of Parks, Forestry and Recreation to work with Heritage Preservation Services to determine the future of the remaining part of the tree on the designated heritage property at 62 Laing Street.

The Executive Committee recommends that:

1.         City Council approve the Standard Definition (Table 1), Criteria (Table 2) and Categories (Table 3) for Special Events as outlined in the report (September 6, 2013) from the Deputy City Manager, Cluster A.

2.         City Council authorize the City Manager to impose a blackout on new and existing events when the City is host to a significant event as required from time to time.

3.         City Council authorize the General Manager, Economic Development and Culture Division, to develop and implement, in consultation with appropriate divisions, a policy for holding and reserving dates at major city event locations.

4.         City Council authorize the Deputy City Manager, Cluster A, to develop a Special Event User Fee Waiver Policy and report back to the Executive Committee prior to the 2015 budget cycle.

5.         City Council continue to require all event organizers to indemnify the City and obtain General Liability Insurance sufficient to protect the City from any liability in connection with the holding of a special event in accordance with City special event permitting policies.

The Executive Committee received the reports (September 10, 2013 and September 23, 2013) from the Deputy City Manager, Cluster B, for information.

This report provides a further update on the review of the request by Porter Airlines for an exemption to the commercial jet-powered aircraft ban at Billy Bishop Toronto City Airport and related runway expansion options. This request would require amending the 1983 Tripartite Agreement between the City of Toronto, Toronto Port Authority (TPA) and the Government of Canada.

On July 3, 2013, City staff provided an update report to the Executive Committee on the work undertaken, including preliminary findings from the consultants, and information concerning the next steps in the process. The Executive Committee received the staff report for information and requested the Deputy City Manager, Cluster B expand the area of the traffic study to incorporate the areas between the Jameson Avenue ramps and York Street ramps to the Gardiner, north to Front Street.

This report summarizes additional technical information provided by the consultant teams, comments received through the September 4th and 9th public consultation and an overview of the next steps required for completion of the review. Staff will continue to evaluate the request and incorporate information provided by the consultant reports, public and stakeholder feedback, and input from external agencies in order to develop recommendations for City Council. It is anticipated that an additional public consultation process will be conducted in November in advance of the final report.

Staff are targeting the completion of a final report on this issue for the December 5, 2013 Executive Committee and December 16, 2013 City Council meeting.

This report responds to City Council's May 7, 8, 9 and 10, 2013 direction for a further report upon the completion of additional public consultation on both the Maintenance Storage Facility (MSF) and the Scotiabank property located at Weston Road and Eglinton Avenue West. 

The requested consultation for the MSF was intended to review the need to use the full site for the maintenance facility and related uses.  The separate consultation on the Scotiabank property located at 1151 Weston Road was to discuss the planned redevelopment of the property as part of the Mount Dennis Station Facility.

This report recommends that Council request Metrolinx to support the principles described in this report as they relate to both the MSF and Scotiabank property and that these principles be included as part of the pending Request for Proposal for the construction and maintenance of the Eglinton Crosstown.

A working group meeting is scheduled for September 17, 2013, where staff intends to present the proposed principles, described below to the community.  As a result of this additional dialogue with the working group, staff will prepare and submit through a Supplementary Report to Executive Committee, any recommended changes to the proposed principles.

The Executive Committee recommends that:

1.         City Council request the City Clerk to forward a copy of the report (September 4, 2013) from the Deputy City Manager and Chief Financial Officer to the Ontario Ministers of Finance and Municipal Affairs and Housing and the Federal Minister of Finance for their consideration.

2.         City Council request that the respective Ministers implement a program similar to the Build America Bonds initiative that operated in the United States by providing a direct subsidy to municipalities to lower their effective cost of borrowing to finance capital projects.

To recommend the addition of a new project to the 2013 Capital Budget for the Sony Centre to deliver the Public Plaza attached to the Centre.

The Executive Committee deferred the item indefinitely.

On October 2, 2012 City Council adopted a motion requesting a report to the Disability Issues Committee on how the StopGap Ramp Initiative can be supported by the City of Toronto and incorporated into its implementation of accessibility standards established under the Accessibility for Ontarians with Disabilities Act (AODA).

This report provides background on the StopGap Ramp Initiative in relation to the AODA; summarizes feedback from discussions with staff from a number of City divisions and requests the Disability Issues Committee to endorse staff recommendations.

The StopGap Ramp Initiative is a program that provides free, non-permanent ramps, which enable temporary access to buildings with a one-step entrance. The colourful ramps are in use in some of the City's Business Improvement Areas (BIAs), e.g. Kensington Market, Roncesvalles, the Junction. The Ramp Initiative has been advertised in the Toronto Association of Business Improvement Areas (TABIA) Newsletter which is distributed to all of the City's BIAs.

The City of Toronto is committed to meeting its legislated obligations consistent with AODA accessibility standards and the Ontario Building Code in order to provide the best possible service and to promote an accessible, supportive, healthy and safe service environment for the public and its employees.

This report finds that the program is not a fit for the City since use of the ramp does not constitute compliance with the AODA, and should not be viewed as such. In addition, possible health and safety risks may be associated with its use. However, there may be a possibility for use of the ramps by non-profit organizations with a Below Market Rent agreement and small businesses as a temporary measure.

The Disability Issues Committee on June 14, 2013, considered:

1.         A letter (May 16, 2013) from the City Clerk on Parks Plan 2013 - 2017; and

2.         A presentation by Susanne Burkhardt, Planner, Parks Standards and Innovation, Parks Branch, Parks Forestry and Recreation, on Parks Plan 2013-2017.

The Executive Committee:

The Executive Committee recommends that:

1.         City Council approve that Exhibition Place, in consultation with finance staff, reallocate unspent funds from its 2013 Capital Program, Park, Lots, Roads Project (Festival Plaza) that total $1,728,000.00 to the new Parks, Lots, Roads Project (Contaminated Soil Disposal), as detailed in Appendix “A” to the report (September 9, 2013) from the Chief Executive Officer, Exhibition Place.

2.         City Council approve that Exhibition Place, in consultation with finance staff, borrow from the Exhibition Place Conference Centre Reserve Fund (CCRF) an amount up to $2.6 million and arrange to repay the Fund from any operating surpluses commencing from 2014 and future years.

The Executive Committee recommends that:

1.         City Council approve that the Board of Governors of Exhibition Place enter into a tri-partite Easement Agreement with Toronto Hydro and the City of Toronto with respect to the lands described on Appendix “A” of the report (September 6, 2013) from the Chief Executive Officer, Exhibition Place.

2.         City Council direct that the consideration paid by Toronto Hydro to the City for the easement on the Exhibition Place lands be transferred directly to Exhibition Place.

The Executive Committee recommends that:

1.         City Council approve of a lease with the City of Toronto Emergency Medical Services for the lands located at 265 Manitoba Drive for a 20-year term based on the terms and conditions outlined in the report (September 6, 2013) from the Chief Executive Officer, Exhibition Place, and any other terms that may be required by the Chief Executive Officer and City Solicitor.

The Executive Committee recommends that:

1.         City Council receive the report (June 28, 2013) from the Toronto Transit Commission, for information.

The Executive Committee deferred the item indefinitely.

The Executive Committee deferred the item indefinitely.