CITY CLERK

ADMINISTRATION COMMITTEE

REPORT No. 2

As Considered by

The Council of the City of Toronto

on July 27, 28, 29 and 30, 1999

2 Harmonization of Severance Provisions - Council Members

3 Conditions of Employment - Council Staff Members

4 Acquisition Policy for Toronto Archives

5 Corporate Records Management Program

6 Ballot Design for the 2000 Municipal Election

7 1999 Allocations: Access and Equity Grant Program

8 Proposed Transfer of CN Land North of Fort York to the City of Toronto (Ward 20 - Trinity Niagara)

9 Proposed Land Exchange - South-West Corner of Eglinton Avenue West and Black Creek Drive
(Ward 27 - York Humber)

10 114 Bernard Avenue - Encroachment Agreement (Ward 23 - Midtown)

11 Lien for Repairs - 433 Wellesley Street East

12 Proposal to Sell City-Owned Land at 170 Plewes Road (Ward 8 - North York Spadina)

13 Purchase of 155, 157, 159 and 161 Beatrice Street (Ward 8 - Trinity-Niagara)

14 Purchase of 64 - 68 Sheppard Avenue West (Ward 10 - North York Centre)

15 Union Station Negotiations

16 Claim by the CBC Regarding 354 Jarvis Street

17 Claim by Vardin et al

18 Livent Inc.

19 Canada Mortgage and Housing Corporation and Victoria Wood (Main Square) Inc.

20 Acquisition of 196 Manor Road East (Ward 22 - North Toronto)

21 Corporate Occupational Health and Safety Policy and Program

22 Authority During Absence of Chief Administrative Officer

23 Alternate for the Commissioner of Corporate Services to Approve Certain Delegated Real Estate Matters

24 Performance Management Process for Senior Executives

25 Temporary Amendment to Purchasing By-law

26 Other Items Considered by the Committee

APPENDIX "A"

City of Toronto

REPORT No. 2

OF THE ADMINISTRATION COMMITTEE

(from its meeting on July 13, 1999,

submitted by Councillor Lorenzo Berardinetti, Chair)

As Considered by

The Council of the City of Toronto

on July 27, 28, 29 and 30, 1999

1

Review of Corporate Fleet and Garage Operations

(City Council on July 27, 28, 29 and 30, 1999, amended this Clause by adding thereto the following:

"It is further recommended that all future reporting on this matter be directed to the Administration Committee.")

The Administration Committee recommends:

(A) the adoption of the report (June 30, 1999) from the Chief Administrative Officer subject to:

(i) amending Recommendation No. (2) to read as follows:

"(2) (a) Council approve the closure of the five garages by December 31, 1999: (1) Merton; (2) Emery; (3) Murray Road (4) Bermondsey; and (5) Symes; and

(b) Council approve the closure of the Eastern Groundskeeping Garage subject to the relocation of Fire Services, currently located at 843 Eastern Avenue, to another facility;";

(ii) adding to Recommendation No. (5) after the words "identified by KPMG", the words "Option No. 3", so that Recommendation No. (5) shall now read as follows:

"(5) the Commissioners of Corporate Services, Works and Emergency Services and Economic Development Culture and Tourism report by September 30, 2000, on the feasibility of adopting the four garage model as identified by KPMG, Option 3;";

(iii) adding to Recommendation No. (6) after the word "Services", the words "in consultation with the City Auditor", and adding to the end thereof the words "and no action be taken to implement any of the strategies until the report is brought back to the Administration Committee", so that Recommendation No. (6) shall now read as follows:

"(6) the Commissioner of Corporate Services, in consultation with the City Auditor, report to the Administration Committee by March 31, 2000, on a strategy for closing fuels sites, including recommendations on sites that are to close, and those that should remain open for operational reasons, timelines, cost implications of decommissioning tanks, and options for alternative fuel supply, and no action be taken to implement any of the strategies until the report is brought back to the Administration Committee;";

(iv) adding to Recommendation No. (8) after the words "requirements of Fire and Ambulance Services", the words "Toronto Police, Exhibition Place, Library Boards, other ABC's and Toronto Hydro", so that Recommendation No. (8) now reads as follows:

"(8) the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services report to the Administration Committee by September 30, 2000, on the garage facilities requirements of Fire and Ambulance Services, Toronto Police, Exhibition Place, Library Boards, other ABC's and Toronto Hydro, taking into consideration the findings of the KPMG Fleet Review, the KPMG Fire and Ambulance Services Facilities Study, and the final model adopted for garage consolidation for the City of Toronto;";

(v) adding thereto the following new Recommendation No. (13).

"(13) that the implementation Team and the staff Advisory Committee include a representative from the City Auditor's Department;" and

(vi) renumbering Recommendation No. (13) as Recommendation No. (14), so that the Recommendations embodied in the aforementioned report now read as follows:

"(1) Council adopt, in principle, the recommendations of the KPMG Fleet Review outlined in Appendix One of this report;

(2) (a) Council approve the closure of the five garages by December 31, 1999: (1) Merton; (2) Emery; (3) Murray Road (4) Bermondsey; and (5) Symes; and

(b) Council approve the closure of the Eastern Groundskeeping Garage subject to the relocation of Fire Services, currently located at 843 Eastern Avenue, to another facility;

(3) Fleet Management Services jointly with the Commissioners of Works and Emergency Services and Economic Development Culture and Tourism report by December, 31, 1999, on the findings and recommendations of the fleet zero base review;

(4) the Commissioners of Corporate Services, Works and Emergency Services and Economic Development Culture and Tourism jointly report by June 30, 2000, on the findings of the yards rationalization study and where appropriate, recommend additional garages and yards for closure;

(5) the Commissioners of Corporate Services, Works and Emergency Services and Economic Development Culture and Tourism report by September 30, 2000, on the feasibility of adopting the four garage model as identified by KPMG, Option 3;

(6) the Commissioner of Corporate Services, in consultation with the City Auditor, report to the Administration Committee by March 31, 2000, on a strategy for closing fuels sites, including recommendations on sites that are to close, and those that should remain open for operational reasons, timelines, cost implications of decommissioning tanks, and options for alternative fuel supply, and no action be taken to implement any of the strategies until the report is brought back to the Administration Committee;

(7) the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services report by September 30, 2000, on the efficiencies of further consolidation between emergency services fleet and corporate fleet in relation to fleet management, maintenance and garage facilities;

(8) the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services report to the Administration Committee by September 30, 2000, on the garage facilities requirements of Fire and Ambulance Services, Toronto Police, Exhibition Place, Library Boards, other ABC's and Toronto Hydro, taking into consideration the findings of the KPMG Fleet Review, the KPMG Fire and Ambulance Services Facilities Study, and the final model adopted for garage consolidation for the City of Toronto;

(9) the City adopt the M4 fleet systems (formerly used in North York), as the corporate wide fleet information system including maintenance and performance standards;

(10) Fleet Management Services achieve by December 31, 2000, a 5 per cent efficiency gain in labour hours productivity, to make it consistent with the industry benchmark of 75 per cent;

(11) effective January 1, 2000, Fleet Management Services establish and communicate to users standard labour hours for fleet maintenance, flat rate job rates, and hourly garage rates that are consistent with industry standards and full cost recovery;

(12) effective January 1, 2000, FMS establish appropriate systems to enable the monitoring of productivity and effective charge cost rate for each garage based on standard labour hours output and work orders in relation to total available hours;

(13) that the implementation Team and the staff Advisory Committee include a representative from the City Auditor's Department; and

(14) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.";

(B) that the Recommendations embodied in the aforementioned report be implemented, and following implementation, the appropriate staff be requested to review the actual cost to operate the fleet services and compare these costs with other municipalities and organizations; and

(C) that the Chief Administrative Officer be requested to report further to the Administration Committee as quickly as possible, outlining an implementation plan and providing information on the fleet reserves of the former municipalities and how they are being utilized at this time.

The Administration Committee reports, for the information of Council, having referred the following motion to the Chief Administrative Officer for report thereon to the Administration Committee for its meeting scheduled to be held on September 7, 1999:

Moved by Councillor Bussin on behalf of Councillor Pitfield:

"(1) that the City Auditor be requested to complete a checklist showing the extent to which the deliverables have been received by the City;

(2) the Chief Administrative Officer be requested to report to the Administration Committee by September, 1999, that there are sufficient staff and data to complete the zero base review;

(3) that the Chief Administrative Officer be requested to report to the Administration Committee by September, 1999, that there is a methodology, data and resources to complete the Yards Rationalization Study;

(4) that the Commissioner of Corporate Services, Works and Emergency Services and Economic Development, Culture and Tourism be requested to report by October, 1999, on the plan for adopting the four garage model as identified by KPMG and the implementation of that model by December, 2000;

(5) that the Chief Administrative Officer be requested to report to the Administration Committee, by September, 1999, and confirm the adoption of the M4 fleet systems by the City to enable tracking of monthly expenditures, maintenance, parts, and fuel; to track monthly garage output, to issue invoices to each client department and link the financial data to the City's SAP accounting system;

(6) that Fleet Management Services achieve a five percent efficiency gain based on standard hours by December, 1999, and the resulting savings be reflected in the year 2000 budget for garage operations;

(7) that the attached tables for year 1997 and year 1999, entitled "City of Toronto - Financial Summary of Fleet Operations - Table 1 and 2", be used to summarize garage operations; and

(8) that the Chief Administrative Officer be requested to report to the Administration Committee by September, 1999, on the financial summary of fleet and garage operations for 1997 and 1999 and establish the estimated savings of $2.6 million identified in this report."

The Administration Committee submits the following report (June 30, 1999) from the Chief Administrative Officer:

Purpose:

This report provides a summary of the findings of the KPMG review of fleet and garage operations including the rationalization of garage facilities, performance improvement and efficiencies. This report also responds to the directives of the Strategic Policies and Priorities Committee in relation to fleet reduction, zero base review, cost recovery and costing systems approved by Council on April 26, 1999.

Recommendations:

It is recommended that:

(1) Council adopt, in principle, the recommendations of the KPMG Fleet Review outlined in Appendix One of this report;

(2) Council approve the closure of the following six garages by December 31, 1999: (1) Merton; (2) Emery; (3) Murray Road; (4) Bermondsey; (5) Symes; and (6) Eastern Grounds Keeping Garage;

(3) Fleet Management Services jointly with the Commissioners of Works and Emergency Services and Economic Development, Culture and Tourism report by December, 31, 1999, on the findings and recommendations of the fleet zero base review;

(4) the Commissioners of Corporate Services, Works and Emergency Services and Economic Development, Culture and Tourism jointly report by June 30, 2000, on the findings of the yards rationalization study and where appropriate, recommend additional garages and yards for closure;

(5) the Commissioners of Corporate Services, Works and Emergency Services and Economic Development, Culture and Tourism report by September 30, 2000, on the feasibility of adopting the four garage model as identified by KPMG;

(6) the Commissioner of Corporate Services report to the Administration Committee by March 31, 2000, on a strategy for closing fuels sites, including recommendations on sites that are to close, and those that should remain open for operational reasons, timelines, cost implications of decommissioning tanks, and options for alternative fuel supply;

(7) the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services report by September 30, 2000, on the efficiencies of further consolidation between emergency services fleet and corporate fleet in relation to fleet management, maintenance and garage facilities;

(8) the Commissioner of Corporate Services and the Commissioner of Works and Emergency Services report to the Administration Committee by September 30, 2000, on the garage facilities requirements of Fire and Ambulance Services, taking into consideration the findings of the KPMG Fleet Review, the KPMG Fire and Ambulance Services Facilities Study, and the final model adopted for garage consolidation for the City of Toronto;

(9) the City adopt the M4 fleet systems (formerly used in North York), as the corporate wide fleet information system including maintenance and performance standards;

(10) Fleet Management Services achieve by December 31, 2000, a 5 per cent efficiency gain in labour hours productivity, to make it consistent with the industry benchmark of 75 per cent;

(11) effective January 1, 2000, Fleet Management Services establish and communicate to users standard labour hours for fleet maintenance, flat rate job rates, and hourly garage rates that are consistent with industry standards and full cost recovery;

(12) effective January 1, 2000, FMS establish appropriate systems to enable the monitoring of productivity and effective charge cost rate for each garage based on standard labour hours output and work orders in relation to total available hours; and

(13) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

In June of 1998, KPMG was engaged to undertake a review of the various fleet operations of the former municipalities. The selection of KPMG was made by an evaluation team through a structured two stage evaluation process: (a) initial assessment of RFP's and (b) detailed assessment through interviews and presentations by consultants.

1.0 Study Objectives:

The primary goal of the study was to integrate the fleet organizations of the seven former municipalities as a result of amalgamation, and to consolidate the fleet management and garage operations in an efficient and effective manner. Specifically, the study identified the following objectives: (a) identification of a framework and a recommended approach for the establishment of a centralized fleet management function; (b) determination and assessment of the revised fleet requirements for the new City; (c) determination of appropriate fleet maintenance standards and requirements; (d) identification of garage operations and fuelling stations that are to continue and estimation of potential savings; (e) determination of an appropriate organizational structure for fleet management and garage operations from the perspective of the new City of Toronto; and (f) determination of appropriate management control processes.

2.0 Study Approach:

Project direction was provided by the Fleet Management Steering Committee which included the Commissioner of Corporate Services, the Commissioner of Works and Emergency Services, and representatives from the CAO's Office and Economic Development, Culture and Tourism. Project management was provided by Fleet Management Services. A User Committee, including representatives from Fleet Management Services and user departments, worked on data collection and were consulted at key phases of the study. Consultations were also conducted with the senior management teams in the user departments and CUPE Locals 416 and 79 as well as COTAPSAI.

3.0 Study Scope:

The KPMG study assessed fleet maintenance activity for 1997, to ensure a full twelve months of fleet maintenance activity in the analysis. The study excluded Fire and Ambulance Services and the agencies, boards and commissions.

Fleet assets were defined in two classes: (1) vehicles and major equipment with wheels and axles having a replacement value over $5000; and (2) small equipment with a replacement value of less than $5000.

For the purposes of this report, fleet management refers to the management of fleet assets through their life cycle from specifications development to replacement planning and disposal; tracking costs and fleet utilization; insurance, licensing, and registration; fleet safety training and monitoring. Fleet maintenance refers to those activities involved in the preventative maintenance and breakdown repairs, both in-sourced and out-sourced.

Due to data limitations and other extenuating factors, KPMG did not address some key initiatives, such as assessing the fleet size, assessing fleet maintenance standards and defining the standard labour hours required etc. These initiatives are being addressed by Fleet Management Services (FMS) as part of the next steps outlined in section 7.0.

4.0 Study Findings:

Appendix 1 provides a summary of the study's recommendations. The key findings follow:

4.1 Excess Garage Capacity:

KPMG has concluded that the City has a significant over capacity of fleet maintenance facilities. The current 20 garages, with a total of 220 bays, were not located or designed for a single City. The City's fleet maintenance requirements can be met utilizing fewer than 80 bays. This can be accommodated in four main garages: 843 Eastern Avenue, Alness, Disco Road, and Ellesmere. The study recommends a phased-in approach over three years commencing with the immediate closure of six garages.

4.2 Lack of Effective Management and Information Systems to Manage Fleet Operations:

The former municipalities did not provide extensive management support for their fleet operations, and comprehensive financial analysis was lacking in relation to fleet management and maintenance decision making. They employed little in the way of performance measures relative to fleet. Subsequently, poor data and weak information systems restrict effective decision making. This deficiency will be addressed through the implementation of the former North York Fleet System effective September 1999.

4.3 Core Competency:

Fleet management and maintenance is a $43 million dollar business (excluding capital costs) and due to the high degree of interdependence between some high profile programs such as solid waste and snow removal, fleet management and in some cases fleet maintenance should be a core competency for the City. Some aspects of maintenance can be out-sourced if the economics and service quality merit it. However, maintenance services will need to be provided in-house to support critical public services. The City currently out-sources about $7 million in fleet maintenance and FMS staff make daily out-sourcing decisions based on price, quality and availability. KPMG does not believe it is appropriate to substantially change the current practices until better cost information is available, and an assessment has been made as to what services should be procured externally.

4.4 Staff Productivity and Best Practices:

Level of staff productivity has not been systematically managed, and use of best practices has not been consistent at the various garage locations in the city.

4.5 Other Findings:

A zero base review of the corporate fleet be carried out.

Fleet rationalization is tied to program responsibility and therefore requires collaboration between user departments and FMS, taking into consideration program delivery requirements. FMS's role is to assist the process of determining fleet size through appropriate standards, policies and analysis.

FMS needs a clear mandate and span of control, relative to User Departments. The current approach with respect to budget and operational jurisdiction needs to be improved.

The combined City fleet is large, diverse and very complex comprised of 3098 licensed vehicles and 1787 off-road vehicles and equipment (refer to Appendix 2 for fleet composition by program).

The cost savings of bulk fuel purchasing probably do not off-set the true costs of internal fuel distribution; costs such as construction, installation and remediation of tanks and soil, piping, pressure testing, etc.

Fleet leasing should be considered as a strategy for fleet replacement.

A more business-like approach is required to make fleet operations more competitive in relation to fleet acquisitions, business processes, technology and management of human resources.

Fire and Ambulance Services should adopt the City-wide fleet information system, maintenance standards, and performance standards.

4.6 Savings:

Using a four garage model with mobile units, KPMG has identified potential savings of $5.9 million, comprised of $3.0 million in salaries and $2.9 million in facilities. Operational costs to user departments must be taken into consideration in order to determine net savings to the Corporation. Of these savings, approximately half are amalgamation related, and the other half are related to efficiency improvements. KPMG estimates a one time capital cost investment of $2.1 million.

These savings are based on 1997 expenditure and staffing levels. To date, staffing has been reduced within FMS by 27 positions, and the Fleet Management Services budget reduced by $2.6 million. This leaves a balance of $3.3 million in savings to be accomplished from garage rationalization (approximately $2.3 million) and productivity improvements (approximately $1.0 million).

This estimate of $3.3 million operating savings does not include any one time savings from the sale of surplus facilities. One time costs for soil remediation caused by in-ground fuel tanks will also be incurred.

The net savings do not include long-term savings to be realized from reducing the fleet size, fleet standardization, and reduced maintenance expenditures.

5.0 Current Situation Assessment:

5.1 Fleet Management:

The management structure for Fleet Management Services was approved by the CAO and implemented in January 1999. This model is consistent with the four garage model discussed in the report.

FMS is currently implementing the North York (M4) Fleet Management Information System which will provide the necessary platform for the management control systems and support key initiatives recommended by the KPMG study: full charge back system and billing, employee and garage productivity, monitoring, standard time monitoring, fleet utilization reporting, maintenance scheduling, etc. The adoption of the M4 Fleet Management Information System and performance standards city-wide will facilitate the implementation of a common information base for all of the City's fleet operations, and allow for comparisons, reporting and monitoring the costs of fleet operations.

The charge back system, standard times and flat rates job costing is under development, and will be discussed with user departments as recommended by the Strategic Policies and Planning Committee. Policy development and harmonization has begun. Upon approval of the recommendations, FMS will complete the staffing of its supervisory levels and consolidate its locations.

5.2 Cost of Fleet Operations:

FMS 1999 budget is $22.5 million with approximately 50 per cent of city wide fleet related costs still within User Department budgets. The breakdown of the Fleet costs by program based on 1997 actual expenditures is presented in the following Table:

Estimated 1997 Fleet Costs by User Departments and FMS (based on KPMG data)

Item	Salaries and Benefits	Parts and Contracted Services	Fuels	Licensing	Overhead*	Utilities % Notional Rent	Totals
Works Support Services	104,131						104,131
Solid Waste	1,790,038	5,730,368	2,049,432	174,372	461,543		10,205,753
Transportation	389,608	1,378,891	1,679,553	193,966	169,817		3,811,835
Parks and Recreation	151,060	710,762	821,294	98,426	88,483		1,870,025
Other Departments	73,006	352,951	353,321	45,931	25,919	2,851,082***	3,702,210
Fleet Management Services**	11,985,200	6,109,315	3,204,751	260,112	2,045,811		23,605,189
Total	14,493,043	14,282,287	8,108,351	772,807	2,791,573	2,851,082	43,299,143

* Overhead consists of garage supplies such as bulk lubricants, nuts and bolts, hand cleaners and other garage maintenance and cleaning office supplies related to fleet activities. ** Fleet Management Services costs contain the FTE and operating costs for 18 of the 20 garages. Within FMS, fleet management is estimated at $2.2 million. *** Estimates for facilities maintenance portion for garages in Facilities and Real Estate Division costs.

5.3 Fleet Performance and Competitiveness:

Labour Utilization:

KPMG identifies a benchmark of 75 per cent labour utilization as a best practice standard in the industry. The City's FMS has a current rate of 70 per cent based on work order hours. This report recommends that the labour productivity be increased to the benchmark of 75 per cent based on standard hours.

Garage Charge Out Rate:

The second indicator, garage charge out rate, is the hourly cost of labour and shop overhead, excluding parts. KPMG reported a 1997 rate of $74 per hour. Fleet Management Service's average current rate is $68 per hour, excluding corporate overheads. Fleet Management Services rate is a single rate, developed to average out the lower costs of car and truck maintenance with the higher cost of heavy truck and specialized equipment. Industry standards are on average between $65 and $100 per hour, depending on the type of vehicle/equipment being serviced. FMS is currently developing garage rates by vehicle class.

Garage Utilization:

The third performance measure is garage utilization. Garage utilization measures the efficiency of using the fixed assets of garages. The current rate is about 15 per cent. Best practices are around 38 per cent utilization, representing two shifts, five days per week. In order to achieve best practice ratio in garage utilization, additional garage facilities would have to be closed.

In addition to these performance measures, FMS needs to monitor and continuously improve turn around times of vehicle repair, and reduce downtime due to waiting for parts. Other service performance measures will be identified as FMS develops Service Level Agreements with its clients, the first of which will be developed September, 1999.

5.4 Current Assessment by Program:

FMS provides fleet management and maintenance services to most programs. FMS also provides maintenance services for small equipment such as chain saws, smaller mowers, etc. Seventy-five percent of all fleet maintenance is provided to the Works and Emergency Services Department. Not all fleet maintenance and management is currently consolidated within FMS. Fleet management and maintenance is provided by the Works and Emergency Services Department at the Keele Valley landfill and by Parks and Recreation at their Kipling yard.

Four of the six former municipalities fire vehicles and equipment are serviced by Fleet Management Services to varying degrees. In the former City of Toronto and Scarborough, fleet undertook preventative maintenance, and repairs to the body and chassis. In East York and York all components of the equipment were serviced by fleet staff, while in North York and Etobicoke, Fire Services maintained a separate fleet management and maintenance operations. This is an amalgamation issue addressed by the KPMG recommendations.

User needs and concerns were identified during the course of the review. They included: sufficient fleet replacement funds, reduced turnaround maintenance times to reduce surplus vehicles, reliable and on-site running repairs services, expedited procurement of vehicles.

5.5 Garage Options Assessment:

The following principles were applied by KPMG to assess options for the consolidation of garage facilities: minimize fleet maintenance costs through centralization; minimize incremental capital expenditures; maximize current sites and minimize the use of other City-owned facilities; create potential opportunities for implementing best practices and ensurance of adequate geographic distribution. Garages were also assessed on their physical attributes, ease of upgrade, location and utilization. (Appendix 3 presents a summary of the garage sites with favourable and unfavourable characteristics).

The following table summarizes the options considered by KPMG:

Garage Options Summary (based on KPMG data)

	Base at December 31, 1997	Option One: Close two garages	Option Two: Close six garages	Option 3 Four central garages with mobile units
FTE's	254 (city wide)	227	219	201
Bays	220	206	183	106
Bridge Cranes	50	47	40	19
Annual savings (in thousands) Staff savings Facilities savings		$1,517 314	$1,973 745	$3,012 2,900
Total savings		$1,831	$2,718	$5,912
One time expenditures (000's)		$ 100	$ 145	$ 2,115

As noted by KPMG the net savings to the City through garage consolidation will only be realized when the former garage properties are disposed of. Sixteen of the twenty garages covered by the review are located within user department yards and seventeen of the twenty have in-ground gas tanks that will require remediation before sale. Some of the sites are located on former dump sites and are not likely to be saleable.

In order to reduce over capacity and to concentrate maintenance operations in fewer locations, KPMG has recommended the closure of six garages immediately, i.e., Merton, Eastern Grounds Keeping, Northline, Emery and two of: Symes or Castlefield or Ingram. The specific garages recommended by staff for immediate closure in this report are based on the principles outlined, consultations with user departments on anticipated changes to the use of yards and the maximum resale potential for the City. The changes in garage closures do not impact the net savings estimates. Over the long term, KPMG believes that the City's fleet maintenance could be carried out of four large district facilities where there is sufficient capacity to meet the City's future requirements i.e., Eastern, Allness, Ellesmere, and Disco. It is therefore recommended that the Commissioners of Corporate Services, Works and Emergency Services and Economic Development Culture and Tourism jointly report by September 30, 2000 on the feasibility of adopting the four garage model.

6.0 Corporate Fleet Management:

6.1 The Mandate and Role of FMS:

Fleet Management Services is responsible for the stewardship and maintenance of all vehicles covered under the City's Commercial Vehicle Owner's Registration (CVOR) and all vehicles and equipment with a replacement value of more than $5000, with wheels and axles.

Stewardship encompasses: Fleet inventory management; life cycle management; procurement management; cost tracking and reporting; insurance, registrations and licensing; fleet replacement/disposal planning; fleet assignment.

Maintenance encompasses: Preventative maintenance and breakdown repairs, both in-sourced and out-sourced, for assets under its trusteeship.

Fleet Management Services role is to act as an operational partner with user departments to provide fleet management and maintenance at a competitive level through the setting of maintenance standards and quality control measures, and to provide operating departments with support, service and expertise in fleet utilization, specifications development, cost saving programs, decisions on in-house and external provisions of repair and other fleet services.

7.0 Next Steps:

Fleet Management Services will work with an Implementation Team and Fleet Advisory Committee, including representatives from User Departments, Finance and the CAO's office. A project manager will be accountable for the implementation of the major initiatives, garage closures and deliverables outlined in Appendix 4 "Implementation Timeframe".

7.1 Garage Closures:

It is recommended that a staggered three phased implementation approach of garage closures be undertaken should the City migrate toward the four garage model.

Phase One: closure of six garages in 1999, to allow for the implementation of mobile running repairs and needed capital improvements (i.e., 145K for mobile repair units) to mitigate the impact of the garage closure on users departments.

Phase Two: garage closures resulting from yards rationalization and further implementation of the mobile running repairs services. Until decisions are made on the consolidation and closure of yards, capital improvement requirements, if any, cannot be determined for the remaining locations. It is therefore recommended that a yards consolidation plan be developed in consultation with the user departments by June 30, 2000 with a garage and yard closure timetable and be reported to the Administration Committee.

Phase Three: additional garages may be closed after taking into consideration the findings of the yards rationalization study, operational requirements and associated incremental costs and net savings from a corporate and departmental perspective.

7.2 Fleet Cost Control Initiatives:

An effective cost control mechanism for the City's fleet services is to pass through all fleet management and maintenance costs to the users of those services, placing them on a fee for service basis under a contract for services arrangement. This approach will provide financial incentives for users to control their fleet size, gain maximum utilization of the fleet, and ensure proper care in the use of the City fleet. It will also provide user departments with information on their true fleet costs and the added value and competitiveness of the services they acquire from Fleet Management Services on a cost recovery basis. Costs will be further controlled by requiring internal fleet maintenance services be competitive with private sector providers of the same services (provided quality is constant). As a result, Departments will be able to assess and monitor the true costs of in-house services in relation to those provided by the private sector.

Initiatives planned to support this objective are: (a) develop a full charge back system for all fleet management, maintenance and fuels; (b) develop and communicate to users garage charge out rates by vehicle and equipment class that are competitive with industry standards; (c) develop and communicate to users flat rate job rates based on standard labour hours; (d) implement a costing system to support in-source/out-source decision making; and (e) re-engineer practices and procedures to reduce time and costs.

7.3 Development of Fleet Information Systems:

The implementation of the M4 Fleet Management Information System will provide a comprehensive information base to track fleet costs and performance. This system is expected to be rolled out by September 30, 1999. Management controls are also being implemented which include garage performance standards and performance management. Appropriate reports will be provided to users effective February 2000.

7.4 Zero Base Review:

FMS has begun the development of the Zero Base Review criteria and process and will begin consultations with user departments in August. FMS will report, in consultation with user departments, to Council, the findings of the zero base review by December 31, 1999, consistent with Council's directive. The objectives of the review are to: identify under-utilized vehicles and equipment for disposal or reassignment; identify potential for sharing of vehicles and equipment; identify alternatives to meet the service needs of departments, such as short-term leasing or rental. The review will assess appropriate use of fleet assets by considering utilization, need for appropriate equipment, and compliance with the fleet assignment policy.

7.5 Fleet Performance Improvement:

FMS will implement a number of performance improvement initiatives focusing on improved customer satisfaction and reducing the costs of fleet operations. These include: (a) monitoring performance in relation to benchmarks on standard labour hours, garage utilization, garage charge out rate, labour productivity, and cost of flat rate services; (b) setting targets for reduced turn around times with departments as part of the Service Level Alignment; and (c) identifying and monitoring additional fleet performance indicators with user departments such as cost per kilometre, fleet utilization levels, etc.

7.6 Amalgamation of FMS:

Amalgamation initiatives were deferred, pending the outcome of the KPMG study findings. The following initiatives will be completed: (a) staffing and location consolidation of the Division; (b) policy harmonization and development; and )c) budget disentanglement and integration; (d) service disentanglement.

7.7 Fleet Management Policies:

Fleet Management Services will be harmonizing and developing polices, including the best practices policy directions identified by KPMG. These include: feet assignment; fleet acquisition, fleet planning, fleet disposal/replacement; fleet replacement reserve; driver safety and training; management information systems; parts inventory and control; performance monitoring and maintenance.

7.8 Fuel Management:

A fuel exit strategy will be developed by Fleet Management Services and user departments to reduce the City's use of bulk fuels through the development of a retail fuels supply contract for the City. Fuel tanks closures will be assessed based on user department needs, emergency and off-hour fuel supply needs, alternative fuels needs, age and location of tanks, yards rationalization and garage closures. Fuels will be fully charged back to users.

7.9 Customer Service to Other Departments:

Improved customer service and satisfaction is a key goal for FMS. Many of the cost savings initiatives will benefit FMS customers by reducing their overall fleet costs. Additional customer service initiatives will include: (a) regular assessments of customer satisfaction; (b) development of Service Level Agreements with targets for turnaround time and downtime reductions; (c) improved process for vehicle procurement and specifications; and (d) development of additional performance indicators to support departmental decisions making.

8.0 Human Resource Considerations:

Due to the downsizing already completed by Fleet Management Services, phase one garage closures will not result in staff layoff. Staff at garages slated for closure will be transferred to other locations.

There will be a need to develop new key roles for fleet management in cost accounting, performance improvement and benchmarking, and contract management. These needs will be accommodated without impacting the staff reduction targets set out in the KPMG plan.

9.0 Other Fleet Issues:

Neither the Fleet Study nor the Fire and Ambulance Facilities Study assessed or analyzed the fleet maintenance operations of Fire and Ambulance. In the Fire and Ambulance Facilities Study, KPMG concluded that Fire and Ambulance fleet maintenance and repairs be undertaken in specialized facilities. In the Fleet Study, KPMG further recommends, that these facilities adopt the City-wide fleet information system, maintenance standards and performance standards. Potential for further efficiencies between emergency services fleet and corporate fleet will be reported to the Administration Committee by September 30, 2000.

The CFO is currently in the process of submitting a report to the Policy and Finance Committee concerning fleet replacements for 1999.

Conclusion:

The KPMG report has identified key directions for a corporate fleet management program, and the appropriate framework to achieve it. It is recommended that a phased-in approach to garage rationalization be undertaken in close consultation with user departments which will focus on enhancing net-benefit potential to the City, incorporating yards rationalization with garage closures, and migrating to the four garage model.

The KPMG study has determined that there is significant excess garage capacity, effective fleet management systems for decision making are weak or absent, staff productivity is not systematically managed and the use of best practices is limited. FMS has already commenced addressing the major deficiencies identified by KPMG, through the phased implementation of productivity improvements and cost control measures. The study is recommending that six garages be closed immediately, further garage closures be considered upon completion of the yards rationalization study; over the longer term (three years), after assessing impact on key programs, the City consider proceeding towards the concept of establishing four central garages. It is therefore recommended that six garages be closed by December 31, 1999, the findings of the yards rationalization study be reported by June 30, 2000, the zero base review of corporate fleet be completed by December 31, 1999, and the feasibility of adopting the model of four central garages be reported to the Administration Committee by September 30, 2000.

Contact Persons:

Firoz Kara 392-8678 Stan Burrows 392-7791

Strategic and Corporate Policy Division Effie Ginzberg 392-7791

Fleet Management Services

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Appendix 1

Summary of KPMG Recommendations

The KPMG report makes recommendations under four categories: People, infrastructure, technology, policy and operational requirements

People Recommendations:

(1) Reduce the management to staff FTE ratio to 1:10 over time as the fleet management information system becomes operational, work processes are reengineered, and garages rationalized.

(2) Continue to proportionally reduce FTE's as the number of work order hours is reduced through fleet rationalization.

Infrastructure Recommendations:

(3) Reduce the excess garage capacity by closing six garages as soon as possible. Close Merton, Eastern (Grounds-keeping) and Emery. Through a consultative process, close one of Northline and Bermondsey; and close two of Castlefield, Symes and Ingram.

(4) Through the Yards Rationalization Study, consider garage closures in assessing yards for rationalization.

(5) In consultation with User Departments, develop maintenance practices and procedures to mitigate additional cost and service impacts to allow for additional garage closures in yards that are not rationalized. Migrate progressively toward the four-garage configuration over time.

(6) Strategically exit the fuel business over time. The City should maintain some emergency fuel supply capacity to deal with weather emergencies and alternative fuels supply capacity where commercial availability is not extensive.

Technology:

(7) Capture consistent and accurate fleet data which is used for analysis to support effective decision-making and performance measurement.

Policy and Operational Recommendations:

(8) Adopt a corporate fleet management model for the fleet assets included within the scope of this study. The City should redefine the roles and responsibilities of FMS to include: trusteeship; and repair and maintenance of:

(i) all fleet assets requiring CVOR (Commercial Vehicle Operating Registration) certification; and

(ii) anything with a replacement cost of over $5,000 with wheels and axles.

(9) Responsibility for garage operations at the Keele Valley (Works) yard and the Kipling (Parks and Recreation) yard should be transferred to FMS, consistent with FMS's capacity to provide the service required by the User Departments.

(10) Implement a charge-back system to recover the full cost of the fleet management and maintenance from User Departments. FMS should operate on a break-even basis. The charge-back will need to have four components:

(i) Fleet Management: We recommend that all fleet management costs be pro-rata allocated to User Departments based on the number of vehicles in the respective department.

(ii) Fleet Maintenance: We recommend User Departments be charged for labour and reasonable overheads associated with fleet maintenance based on standard work order hours for completing the required servicing.

(iii) Parts: We recommend that parts used to service vehicles be charged at cost plus any direct purchasing and handling costs.

(iv) Capital Costs: We recommend that this charge can be in the form of either a replacement reserve contribution or an internal monthly lease payment to cover the capital cost of the vehicles and large equipment.

(11) Flow fuel costs through to User Departments based on a usage.

(12) Investigate leasing as an alternative to purchasing vehicles.

(13) If the City implements a system of replacement reserve contributions from User Departments, use the department's contribution for its own specific fleet replacement needs. This system should be established and monitored by the City's Finance department.

(14) Transfer the trusteeship; and responsibility for, repair and maintenance of all small equipment to User Departments. Specifically, small equipment currently maintained by FMS should be moved to User Departments' responsibility and care. FMS may still maintain certain equipment as part of a service agreement, but the capital aspects of this small equipment inventory are best dealt with by User Departments.

(15) Provide FMS with the operational control and budgetary responsibility for all fleet-related activities within its new span of control. Provide User Departments with the operational and budgetary control over their small equipment units. This disentaglement must include the identification and migration of budgetary allocations, staff and equipment.

(16) Develop Service Level Agreements with User Departments that focus on the delivery of quality services at a competitive price.

(17) Implement a customer service strategy to strengthen the relationship between FMS and User Departments.

(18) Using the Policy Framework provided in section IV(D) of this report, develop detailed policies and procedures for City-wide implementation.

(19) Conduct a zero-based vehicle and equipment review and dispose of or reassign, surplus fleet assets. This review should demonstrate the business case for each vehicle or piece of equipment.

(20) Specialized F & A facilities should adopt City-wide fleet information systems, maintenance standards and performance standards.

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Appendix 4

Implementation Timeframe

________

The Administration Committee reports, for the information of Council, having also had before it a communication (July 12, 1999) from Ms. Anne Dubas, President, CUPE Local 79, advising that she is pleased that no job loss will result from the six garage closures recommended for the Fleet Management Services Division; that Local 79 believes that the Division will find it economical and wise to bring most of the fleet maintenance work that is currently contracted out to the private sector back in house; and expressing disappointment with the recommendation in the KPMG report that foreperson positions be eliminated and replaced with a new "work unit structure" made up of supervisors, lead hands, mechanics and helpers.

The Chief Administrative Officer, and Mr. Richard Harris, Representative of KPMG, gave a presentation to the Administration Committee in connection with the foregoing matter and filed a copy of their presentation material.

The following persons appeared before the Administration Committee in connection with the foregoing matter:

- Mr. Fred Taylor, Executive Board Member, CUPE Local 79; and

- Councillor Jane Pitfield, East York.

(A copy of the document entitled "Review of Existing Fleet and Garage Operations", prepared by KPMG,and Appendices 2 and 3, referred to in the foregoing Clause, was forwarded to all Members of Council with the July 13, 1999, agenda of the Administration Committee and copies thereof are also on file in the office of the City Clerk. The tables for year 1997 and year 1999, entitled "City of Toronto - Financial Summary of Fleet Operations - Table 1 and 2", submitted by Councillor Jane Pitfield, are also on file in the office of the City Clerk.)

2

Harmonization of Severance Provisions - Council Members

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends:

(1) the adoption of the report (July 12, 1999) from the Executive Director of Human Resources; and

(2) that the report (June 28, 1999) from the Executive Director of Human Resources be received:

The Administration Committee submits the following report (July 12, 1999) from the Executive Director of Human Resources:

Purpose:

To provide supplementary information and revised recommendations to the report on the Administration Committee agenda of July 13, 1999, entitled "Harmonization of Severance Provision - Council Members". The recommendations in this report replace those contained in the original report.

Funding Sources, Financial Implications:

Financial implications can be accommodated within the Operating Budget.

Recommendations:

It is recommended that:

(1) the proposed severance remuneration provisions as contained in this report be adopted;

(2) funds be included in the 2000 budget to provide for an allowance of up to $3,500 for outplacement, transition or retirement counselling for members who retire, or who are not re-elected to office, or who resign from office. Funds can only be provided if the member accesses the counselling; and

(3) the appropriate City officials be authorized and directed to take the necessary steps to give effect to the foregoing matter.

Comments:

During development of the report "Conditions of Employment - Council Staff' for Corporate Services Committee, staff identified the need to harmonize previous policies of the former municipalities for severance remuneration for Council Members.

In researching the current practice of other municipalities, the Provincial Government and the Federal Government, information was also discovered subsequent to the preparation of the original report on the agenda for the Administration Committee of July 13, 1999.

As examples, the City of Mississauga, the Region of Peel and the Government of Ontario have a maximum of twelve months for severance provision. The Provincial Government has a minimum of six months.

The Government of Canada provides for 50 percent of the basic annual sessional indemnity to which the Member was entitled as of the day prior to the election (or resignation or death). Ministers, the House Leader, Whip, Parliamentary Secretary and other offices or positions also receive, in addition to 50 percent of the basic annual sessional indemnity, an amount equal to the individual's annual salary.

In order to remain current with the City's policy in this regard, it is recommended that the severance provisions for Members of Toronto Council be adopted as follows:

(i) eligible Member of Council is defined as a person who has served as a Member of Council for a minimum period of thirty (30) days;

(ii) severance remuneration is to be equal to one-twelfth the annual remuneration of the Member for each year of consecutive service to a maximum of twelve (12) years:

(a) where a period of service is less than a year, the severance remuneration will be calculated in proportion to the time actually served; and

(b) Member contributions to OMERS and to any other pension plan or retirement scheme will not be deducted from the severance remuneration.

(iii) a person who is an eligible Member of Council is entitled to receive severance remuneration if:

(a) a member on November 30 in an election year, and in that year, is a candidate for election to City Council and is not elected to office;

(b) the member dies or resigns his or her seat during the term of office for which he or she is elected; and

(c) the member ceases to be a member, unless the seat of the member becomes vacant by reason of, or by resignation which is a result of or given in anticipation of, disqualification under, or the operation of any Act of the Parliament of Canada or the Legislature of the Province of Ontario.

The City of Mississauga has also approved for its members of Council an allowance of up to $6,000 for appropriate counselling to re-establish him/herself in a career or to prepare for retirement. This is only paid if counselling is used.

Staff are recommending that this provision be introduced for the year 2000 for members of Toronto City Council. The amount of $3,500 is recommended since it provides for up to six months of counselling based on the City's current programs. It is recommended that this only be paid to the member if services are used.

The severance provisions would apply to all individuals who were members of Toronto City Council at and subsequent to January 2, 1998. For the purposes of severance remuneration, continues service in the former municipalities which now comprise the City of Toronto will be counted.

The Administration Committee also submits the following report (June 28, 1999) from the Executive Director of Human Resources:

Purpose:

To harmonize in a consistent policy the severance remuneration provisions of the former municipalities, for Council Members.

Funding Sources, Financial Implications:

There are no additional funding requirements.

Recommendations:

It is recommended that:

(1) the severance remuneration provisions for Council members as described in this report be approved;

(2) authority be granted for the introduction of any Bills necessary to give effect to the foregoing; and

(3) the appropriate City officials be authorized and directed to take all steps necessary to give effect to the foregoing matter.

Council Reference/Background/History:

During development of the report "Conditions of Employment - Council Staff" for Corporate Services Committee, staff identified the need to harmonize previous policies of the former municipalities for severance remuneration for Council members.

Comments and/or Discussion and/or Justification:

Four of the seven former municipalities (Metro, Toronto, North York, York) had defined policies for severance remuneration for Council members. In each case, the allowable amount was one (1) month per year of service to a maximum of six (6) months. Eligibility criteria and allowable circumstances were also similar. The proposed severance remuneration provisions are consistent with these past practices.

Proposed Severance Remuneration:

(i) Eligible member of Council - a person who has served as a member of Council for a minimum period of thirty (30) days.

(ii) Severance remuneration to be equal to one-twelfth the annual remuneration of the member for each year of consecutive service to a maximum of six (6) years.

(iii) Where a period of service is less than a year, the severance remuneration will be calculated in proportion to the time actually served.

(iv) Member contributions to OMERS and to any other pension plan or retirement scheme will not be deducted from the severance remuneration.

(v) A person who is an eligible member of Council is entitled to receive severance remuneration where:

(a) they are a member on November 30 in an election year, and in that year, is a candidate for election to City Council and who is not elected to office;

(b) the member dies during the term of office for which he or she is elected;

(c) the member resigns his or her seat during the term of office for which he or she was elected, but no severance remuneration will be paid where the resignation is the result of:

(i) the member is disqualified to be a member of the Council under the provisions of any Act of the Parliament of Canada or any Act of the Legislature of the Province of Ontario; or

(ii) the seat of the member of the Council becomes vacant by reason of the operation of any Act of the Parliament of Canada or any Act of the Legislature of the Province of Ontario.

It is recommended that the above proposed severance provisions be approved for current Members of Council.

Contact Name:

Alison Anderson, Director, Employment Services, 392-5028.

3

Conditions of Employment - Council Staff Members

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 29, 1999) from the Executive Director of Human Resources; and, further, that the Acting Commissioner of Corporate Services be requested to submit a report to the October 5, 1999, meeting of the Administration Committee, or sooner if possible, on the evaluation results of the Hay Group Management consultants:

Purpose:

This report is in response to City Council's request that a report be submitted on the job evaluation results for the positions of Executive Assistants and Constituency Assistants.

Financial Implications:

Funding of the recommended actions can be accommodated in the corporate contingency account in accordance with direction from the Chief Financial Officer.

Recommendations:

It is recommended that:

(1) the Hay Group Management Consultants be authorized to determine a rate of pay for the positions of Executive Assistant and Constituency Assistant through a salary survey study;

(2) the evaluation results of the Hay Group Management Consultants be reported to the Administration Committee for approval;

(3) funding for salary reviews for council staff members be derived from the corporate contingency account for 1999; and

(4) staff be authorized to take whatever steps necessary to implement the foregoing.

Background:

City Council at its meeting of June 9, 1999, requested a report be submitted to the Administration Committee on the results of the job evaluation for the positions of Executive Assistant and Constituency Assistant.

Comments:

The City and the Hay Group are currently developing a job evaluation system for the non-unionized employees as a component of the overall compensation framework.

The recommendations from the Hay Group for salary scales for new city positions will be placed before Council later this year. In preparation for the new system, we have "benchmarked" a variety of positions utilizing the proposed compensation plan pending the finalization of the job evaluation tool. This process uses a broad brush approach to slot positions until factor weights are finalized. Job Evaluation is finalized only after all jobs are rated and internal equity issues are considered.

City staff had reviewed the earlier job descriptions for Executive Assistant and Constituency Assistant using the bench mark parameters, with a recommendation to the Committee that the rating be reviewed when the full job evaluation process was finalized.

Job description amendments were approved by City Council on June 9, 1999. The revised description was again rated relative to the benchmark positions. The rating for the position based on the revised description did not change.

A concern remains that the job evaluation system being developed for staff positions may not properly recognize the requirements of political positions such as the Executive Assistant and Constituency Assistant. Given the unique and political nature of the Executive Assistant and Constituency Assistant functions in the organization, it is therefore recommended that a salary survey study of similar political positions from other municipalities and levels of government be conducted by the external consultants. This review will establish a rate of pay outside of the proposed job evaluation/compensation plan for non-unionized employees.

Contact:

Brenda Glover

Executive Director of Human Resources

397-9802.

(The following Members of Council, at the meeting of Council on July 27, 28, 29 and 30, 1999, declared their interest in the foregoing Clause, in that a member of their family is an employee in their office:

- Councillor Shiner;

- Councillor Gardner;

- Councillor Mahood; and

- Councillor Cho.)

4

Acquisition Policy for Toronto Archives

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following joint report (June 30, 1999) from the City Clerk and the Chief Administrative Officer, and, further that the mandate for the Archives program operated by the City Clerk's Division, also include all Special Purpose Bodies:

Purpose:

The purpose of this report is to seek Council approval for a policy that will govern the disposition of departmental records that possess archival value, as well as the acquisition of non-government records that promote an understanding of the historical development of the City of Toronto. Appendix 1 provides appraisal criteria for the review of records to determine archival value, and Appendix 2 lists a glossary of archival terms used throughout this report.

Funding Sources, Financial Implications and Impact Statement:

Implementation of this policy may have an impact on the future budgets of the archives program. Any budget implications will be addressed as part of the multi-year business plan for the archives program and through the annual budget process.

Recommendations:

It is recommended that:

(1) the following mandate be adopted for the Archives program operated by the City Clerk's Division:

"The City of Toronto Archives preserves and provides access to records of enduring value regardless of media or format, that provide evidence of the decisions, policies, and activities of the City of Toronto, its predecessor municipalities, and its agencies, boards, and commissions which do not have their own archival programs. The Archives also acquires, preserves, and provides access to non-government records that make a significant contribution to an understanding of the development of the City, its natural and built environment, and the people who lived, worked, or had an impact upon Toronto."

(2) records of the City of Toronto and its predecessor municipalities that possess archival value shall be transferred to the custody and control of the City Clerk's Division when the records have reached the end of their inactive period of retention according to schedules set out in municipal by-laws, or in the case of unscheduled records, when a review by staff of the City Clerk's Division has demonstrated that the records possess archival significance according to the appraisal criteria set out in Appendix 1 and the records are no longer required to support operational requirements of the City's departments;

(3) personal papers of former Members of Council that are deemed to possess archival value according to the appraisal criteria set out in Appendix 1 shall be acquired as a donation to the City, subject to approval by the Director, Corporate Records Systems and City Archivist, in accordance with the policies set out in this report, and to the terms of an agreement satisfactory to the City Clerk and City Solicitor;

(4) Members and former Members of Council shall be permitted to store in the City's Records Centre, at no cost, inactive records created as a Member of Council during the Members' terms of office plus three years from the date of leaving office, under the same policies and procedures applicable to departmental records;

(5) Members and former Members of Council storing inactive records in the City's Records Centre shall control access and use of such records;

(6) in the case of agencies, boards, and commissions and other special purpose bodies (that do not provide archival services), records that possess archival value according to retention schedules passed by Council or the appraisal criteria in Appendix 1, shall be transferred to the custody and control, for archival purposes, of the City of Toronto Archives, subject to legal limitations and to the terms of an agreement satisfactory to the City Clerk and City Solicitor;

(7) with respect to formal access requests pursuant to the Municipal Freedom of Information and Protection of Privacy Act for records of special purpose bodies managed by the City of Toronto Archives, responding to such requests shall be the responsibility of the special purpose body that is a separate institution for the purposes of this Act;

(8) non-government records and collections of documents that meet the terms of the Archives' mandate and are deemed to possess archival value according to the appraisal criteria set out in Appendix 1 shall be acquired as a donation to the City, subject to approval by the Director, Corporate Records Systems and City Archivist in accordance with the policies set out in this report, and to the terms of an agreement satisfactory to the City Clerk and City Solicitor;

(9) non-government records and collections of documents that meet the terms of the Archives' mandate and are deemed to possess archival value according to the appraisal criteria set out in Appendix 1, but are available for acquisition only through sale, may be purchased by the City Clerk's Division, subject to funds being designated and approved in the annual budget process;

(10) authority be granted to enter into agreements:

(a) with former Members of Council in accordance with the policy under Recommendation No. (3) above;

(b) with local boards and special purpose bodies of the City of Toronto in accordance with the policy under Recommendation No. (6) above; and

(c) with persons or corporations in accordance with the policy under Recommendation No. (8) above;

(11) non-government records and collections of documents may be loaned to the City by persons or organizations on a temporary basis for the purposes of copying or display, but material of this nature shall not be acquired as a permanent loan to the Archives, or placed on deposit with the Archives without the transfer of ownership to the City;

(12) the City Clerk shall submit to Council an annual report for the City of Toronto Archives which will describe the activities of the program, including a list of the acquisitions made under the terms of this policy;

(13) the City of Toronto Archives shall be located at 255 Spadina Road, which shall be the sole storage facility for the City's archival holdings unless, in the opinion of the Director, Corporate Records Systems and City Archivist, storage in other facilities is necessary in order to preserve the records;

(14) the Director, Corporate Records Systems and City Archivist shall be authorized to provide temporary storage at the City of Toronto Archives for records that may meet the terms of the Archives' mandate but are at risk of loss or destruction, pending a review and determination of the final disposition of this material at the earliest possible opportunity;

(15) archival records and collections of documents transferred to the City of Toronto Archives shall not circulate beyond the building, unless removal of this material is required as evidence in litigation or to support pressing operational needs of the City, or in order to preserve, reproduce, or temporarily display the material in a secure facility that meets archival standards, subject to the approval of the Director, Corporate Records Systems and City Archivist; and

(16) the appropriate City officials be authorized and directed to give effect thereto including, the introduction into Council of any necessary bills to implement the policy under Recommendation No. (6) above and a bill under paragraph 24 of section 207 of the Municipal Act to implement the policy in Recommendation No. (8).

Council Reference/Background/History:

On September 12, 1960, Council of the former City of Toronto approved the appointment of an Archivist to head the municipality's records management program. Among other duties, the Archivist was responsible for maintaining "a records storage unit or archives" to keep all inactive records of civic departments, records that required permanent storage, and records of historical value. The report designated the archives as the repository for all departmental records with long-term significance, and this mandate was broadened over time as the archives acquired non-government records.

The Municipality of Metropolitan Toronto initiated its archival program in 1985 with the appointment of its Director of Records and Metropolitan Archivist. Collection development guidelines were adopted by Council at its meeting of October 9-10, 1991, and the report established acquisition priorities for the newly constructed Metropolitan Toronto Archives and Records Centre at 255 Spadina Road. This facility was designated as the sole repository for departmental records of the municipality. Inactive and archival records of local boards and special purpose bodies could be stored in the building at no cost to ensure efficient records management practices and the preservation of documentary heritage, subject to an agreement satisfactory to the Metropolitan Clerk and Metropolitan Solicitor. Records of former Members of Council, private individuals, and non-government organizations could be acquired if they were deemed by the Metropolitan Archivist to possess archival significance to the municipality and its citizens, and were subject to an agreement satisfactory to the Metropolitan Clerk and Metropolitan Solicitor. Donations of non-government records in excess of ten cubic feet required the approval of Council.

Other former municipalities have given less emphasis to the issue of archival records. York employed an Archivist during the mid-1970s, but did not develop a sustained program devoted to the care of archival records. East York and Etobicoke introduced some archival services to records centre operations during the 1980s on a very limited scale. Scarborough debated the formation of a city archives in the mid-1990s as part of its bicentennial celebrations, but the program did not take root. North York's Council approved the establishment of an archives on July 7, 1986, but the program was not funded until 1997, when it was slated to operate the newly renovated Dempsey Store on Beecroft Road. By the end of 1997, however, only the former Toronto and Metropolitan Toronto archival programs had acquisition policies approved by their respective Council.

Discussion:

Records are created by individuals and organizations as a natural part of their activities in order to capture information as evidence of transactions, issues, or events. Records are preserved by their creators because they serve a need to recall this information in the future to support personal or business-related uses. Records with significant long-term informational and evidential value are retained as archives, and they become the collective memory of our society.

In the case of the City of Toronto, this memory is shaped by the work of Archivists who review the records of the City, its special purpose bodies, and non-government sources in order to preserve and make accessible Toronto's documentary heritage. This activity must be guided by an acquisition policy that provides direction to the corporation in order to ensure the preservation of records required for legal, fiscal, evidential, and cultural reasons, as well as assists staff as they develop archival holdings in a planned, systematic, and efficient manner. The policy should address the following issues:

Mandate:

This statement provides a formal identity for the program, and is used to bring attention to this municipal function through corporate publications and national directories of archives and libraries. It identifies the focus of the City's acquisition program for the benefit of staff, the public, and other archival programs in order to promote the identification and transfer of significant records to the Archives, and to alert potential researchers to the nature of information held by the Archives.

Records of the City of Toronto and Predecessor Municipalities:

Only a small percentage of records created each year by municipalities possess long-term value. Before records can be destroyed, however, the Municipal Act requires that the City enact a by-law establishing retention periods based on a review of administrative, fiscal, legal, and archival criteria. In the case of the Archives, the review is carried out using appraisal criteria that are set out in Appendix 1 in order to identify those records of Council and its departments that possess significant informational and evidential value.

Each of the former municipalities passed records retention by-laws, but these by-laws did not cover the full extent of records created by the municipalities prior to amalgamation in 1998. It is also apparent that a rigorous review to determine the archival value of records was not a regular part of retention scheduling in the former municipalities. As a result, procedures must be in place to ensure the preservation of both scheduled and unscheduled records that provide the best evidence of the decisions, policies, and transactions of the City and its predecessor municipalities.

Subsection 73(1) of the Municipal Act requires Council to appoint a Clerk who shall "keep the books, records and accounts of the council," and shall "preserve and file all accounts acted upon by the council." Subsection 74(1) also requires the Clerk to provide public access to the records, books, and documents under the Clerk's control during all reasonable hours, and to furnish copies within a reasonable period of time. These responsibilities apply not only to the records of the current Council, but also to the Councils and Committees of the predecessor municipalities.

The functions of preservation and access form the core of archival services, and in most Canadian municipalities, the Clerk has been given responsibility for the management of municipal archives in keeping with the role of maintaining an open and accountable government. The Clerk's responsibilities have also been expanded beyond the documents and accounts of Council to include the records of departments in order to provide a consistent corporate approach to record keeping practices. The recommended policy regarding the management of corporate records from predecessor municipalities is consistent with the approach taken during previous municipal amalgamations between 1883 and 1966, and is designed to make economical use of existing resources while providing efficient and effective reference services for Members of Council, staff, and the public.

Personal Papers of Members of Council:

The personal papers created by Members of Council form an important complement to departmental records of the City. These records reflect individual concerns and priorities, and correspondence from constituents offer a unique perspective on local issues. The newsletters and submissions from community-based organizations that are kept in Members' files are often the only material from these organizations that eventually finds its way to a public archives.

While the personal papers of the Members may possess significant archival value, many of these records duplicate information already in the Archives. As a result, acquisition of these papers should be based on the procedure and criteria set out in Appendix 1, with final approval under the policies set out in this report resting with the Director, Corporate Records Systems and City Archivist. The appraisal review and possible negotiations regarding a donation agreement should take place only after a Member has left municipal office. Donation of personal papers to the Archives can result in financial benefit to the donor through the issue of a tax receipt by the Finance Department.

In order to promote the preservation of these papers and the efficient operation of the Members' offices, Members of Council should be permitted to store their inactive records in the City's records centres during their term of office, as well as for a period of three years after they leave office in order to make a decision regarding the disposition of their records. The Member or former Member will retain control or custody of these inactive records during this period. This makes it clear that by offering this storage service it is not the City's intent that these personal records are records of the City for purposes of the Municipal Freedom of Information and Protection of Privacy Act.

Records of Special Purpose Bodies:

Several of Toronto's most important municipal functions, such as law enforcement and public transit, are carried out by agencies, boards, commissions and other special purpose bodies that receive most if not all of their funding from Council. The Municipal Act provides a measure of accountability in this arrangement by requiring local boards and commissions to submit retention schedules to Council and the City Auditor for approval, to ensure that records will survive to provide evidence of the decisions and activities of these special purpose bodies.

Some boards, such as the Toronto District Board of Education and the Board of Governors of Exhibition Place, have established archival programs to manage records that possess enduring value to these organizations. These programs provide an important and valued service to their boards and the public, and they should remain in place so long as these organizations can justify continuation of this function.

Most other agencies, boards, and commissions have either abandoned archival services in favour of transferring records to municipal archives, or have never put into place arrangements for the long-term care of archival records. The Toronto Transit Commission, for instance, transferred its historical photographs to the Metro Archives in 1992, and a large volume of written records were transferred during subsequent years. The records of the Toronto Police Service created between 1849 and 1961 were divided between the archives of the former City of Toronto and Metro, and will be brought together once again as a result of municipal amalgamation.

The services offered by the City Clerk's Division provide corporate efficiencies in the management of the archival records of special purpose bodies in terms of staff expertise, available technologies, and a purpose-built archival facility. This approach is in keeping with the draft legislation for a new Municipal Act, which will allow special purpose bodies that have ownership and control of their records to enter into an agreement for archival services with a local or regional archives, subject to approval by Council. Responsibility for responding to formal access request made under the Municipal Freedom of Information and Protection of Privacy Act, however, will remain with the special purpose body that initially created the records.

In view of past practices that have been efficient and economical, as well as the current direction of provincial policy making, the City of Toronto Archives should become the sole repository for the archival records of special purpose bodies that do not operate their own archival program. This arrangement should be subject to an agreement with the City that ensures that the transfer of records will be accompanied by funds or access to staff resources that will prevent this additional responsibility from becoming an onerous burden upon the City Clerk's Division.

Non-Government Records:

The former City of Toronto has acquired the records of persons and organizations since the 1960s, and this practice was more recently adopted by Metro and North York. The approach is known as "total archives," and it has been adopted by most municipal and provincial archives, as well as by the National Archives of Canada. Government and non-government records are acquired by these archival programs in order to provide a balanced and comprehensive account of the subjects featured in the mandates of these programs. Non-government records often become the most frequently used holdings in these archives, particularly in terms of photographs, maps, fire insurance plans, and the papers of prominent individuals or corporations.

The decision to acquire non-government records must be based on a thorough review of their archival value to ensure that corporate resources are expended only on significant material where the costs of processing, preservation, and access will be justified by the anticipated use of the records. Archivists develop considerable expertise in appraising records based on their knowledge of research trends, and their recommendations are closely reviewed by the Manager, Archival Services. Final approval under the policies set out in this report should rest with the Director, Corporate Records Systems and City Archivist, who will be responsible for maintaining a balance in the allocation of resources between corporate and non-government records. Accountability for activities in this area will come through the submission to Council of an annual report for the City of Toronto Archives, which will give an account of acquisitions made during the year.

Acquisition Process:

While corporate records are transferred to the Archives through the City's standard operating procedures, the acquisition of records from former Members of Council, special purpose bodies, and non-government sources must be governed by donation agreements that clearly establish the City's title to these records, as well as the rights and obligations of donors and the City in terms of preservation, access, use, and copyright.

Acquisition of documents on the basis of a loan from a person or organization should not be permitted, except in situations where the material is borrowed for the purpose of copying, or for use in a temporary exhibit at the Archives or another secure facility. "Permanent" loans or the long-term deposit of material by lenders without formal transfer of title to the City has been used in the past to expand archival holdings, but this approach can leave the Archives in a vulnerable position. Despite the City's expectation of the permanency of the loan, lenders of archival material have changed their minds in the past, particularly when ownership of the material changes hands due to a death in the family, or when a lender wishes to capitalize on the market value of the material. Return of the material to the lender can result in the loss of a significant investment by the City in terms of staff time and supplies. If the material had been previously used to support research in the past, its withdrawal would make it unavailable for future consultation and would seriously jeopardize the reputation of the Archives and the City among the research community.

Documents have been purchased by the City in previous years, and this practice should continue within the limits of the City Clerk's annual budget in order to fill significant gaps in the archival holdings, subject to a review of the material using the appraisal criteria set out in Appendix 1.

Preservation and Access:

Archival records are unique and irreplaceable, and they must be stored in an environment that promotes their long-term preservation. Paper-based and magnetic media are extremely vulnerable to fluctuations of temperature and relative humidity, and the Canadian Conservation Institute has set out rigorous standards for the storage of archival records. Many of the City's acquisitions of non-government records have been certified as nationally significant by the Canadian Cultural Property Export Review Board, which requires compliance with national standards for long-term storage in order to maintain the City's Category A designation. Public access also requires a secure environment, where constant monitoring and strict adherence to procedures will help to prevent the disappearance of important corporate assets.

In order to meet these demanding standards, the City's archival records will be stored at 255 Spadina Road. This building, which was opened to the public in January 1992 as the Metropolitan Toronto Archives and Records Centre, contains sophisticated environmental systems that cleanse pollutants from the air, and maintain an extremely stable temperature and relative humidity. These features slow the deterioration of paper-based records, and inhibit the growth of mould and mildew that can damage the integrity of paper fibres and pose health problems for staff and researchers. The building is among the finest facilities for the preservation of archival records in Canada, and it would be extremely expensive to replicate this storage environment in other municipal buildings.

Consolidation of archival records at this location should also provide more effective reference service, as the records of several former municipalities are linked by function and overlapping areas of responsibility. Researchers will be able to visit a single location to identify and access records that are relevant to their inquiries, instead of being directed to several facilities throughout the City. The building's Research Hall is a bright and well appointed room that conveys a sense of openness in government, and it helps to make use of archival records a very positive experience that reflects well on the City.

Some records may require off-site storage due to media-specific requirements. A good example is cellulose-based negative photographic and moving image film stock, which is susceptible to a condition known as "vinegar syndrome" that can result in the entire loss of image. This condition can be arrested only through storage at temperatures less than 0 degrees Celsius, which is also required for the long-term storage of colour transparencies and negatives that are prone to information loss as the organic dyes break down over time. In these cases, arrangements will be made to store the records with public or private-sector service providers equipped with the machinery needed to create the appropriate environment.

Unlike inactive corporate records, which may be retrieved from storage at the request of the department responsible for creating or accumulating the records, archival records do not circulate among operating departments in order to promote the preservation of the records, to ensure the integrity of file contents by avoiding the rearrangement or removal of individual documents, and to provide ready access for other staff or the public who expect to find the records at the Archives. Archival records should not be removed from the building unless they are required in matters of litigation, require conservation treatments or copying, or if requested for use in short-term exhibits by the City or other heritage organizations which can demonstrate the ability to display the material in an environment that is stable and secure.

Conclusions:

This report provides recommendations for a policy that will govern the development of Toronto's collective memory through the acquisition of records possessing archival value from City departments and special purpose bodies, predecessor municipalities, former Members of Council, and individuals and corporations who have played a role in the City's development. It proposes a policy to govern the process of acquiring records for the City of Toronto Archives. The report recommends the consolidation of the City's archival holdings at 255 Spadina Road due to its excellent storage and research facilities, except in cases where specialized storage is needed to ensure the preservation of certain records. The report seeks authority from Council to implement this policy, and to enter into donation agreements for the acquisition of non-government records and the records of special purpose bodies. It concludes with appendices that set out appraisal criteria to determine the archival value of records, and a glossary of terms use throughout the report.

Contact Name:

Michael Moir

Director, Corporate Records Systems and City Archivist

tel 392-9673; fax 392-9685; e-mail: mmoir@metrodesk.metrotor.on.ca.

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Appendix 1

Appraisal Criteria for the Determination of Archival Value

The decision-making process that leads to selection of government and non-government records for acquisition by the City of Toronto Archives involves a physical review of the records by an Archivist, followed by a report with recommendations for the consideration and approval of the Manager, Archival Services, and the City Archivist. The report provides information on the extent, scope, and content of the records, as well as the functions and activities that led to creation of the records. A recommendation to acquire or not to acquire records is based on an assessment using the following appraisal criteria. Sample questions are provided to illustrate the application of these criteria:

(A) Potential to support Research (Evidential and Informational Value)

(i) Does the information contained in the records promote an understanding of issues that are unique to an organization, an event, a community, or to the city as a whole?

(ii) Do the records provide evidence of the key functions and transactions of their creators, and is this evidence reliable in terms of the integrity of record keeping practices?

(iii) Do the records contain material that reflect the views and activities of individuals who have played a significant role in the development of Toronto, or who are representative of groups that have participated in the city's cultural, economic, or political life?

(iv) Do the records reflect changes in attitudes, policies, or programs over time?

(v) Can the information in the records be found elsewhere in a more synthesized format?

(vi) Has the individual or organization become identified with a particular concern (such as equity issues, housing, policing, or transit) in the minds of the public? Is this role well reflected in the records?

(vii) Do the records possess aesthetic qualities that may support the study of art, or show the development of technology?

(B) Relationship of Records to the Acquisition Policy of the City of Toronto Archives:

(i) Do the records meet the requirements of the mandate and other terms of the acquisition policy as approved by Council?

(C) Related Records at the City of Toronto Archives:

(i) To what extent is the information found in the records duplicated by the content of other archival holdings previously acquired by the City of Toronto?

(ii) Do the records provide a unique perspective on municipal issues? Do they supplement or fill gaps in corporate records?

(D) Associated Records held by Other Archives:

(i) Is there another archival program that acquires records of this nature, can provide public access, and can ensure preservation of the records?

(ii) Are other records created by a particular individual or organization held by another archival repository?

(iii) Does this other repository have a greater or more compelling interest in these records?

(E) Public Access to the Records:

(i) In the case of government records, which are governed by the Municipal Freedom of Information and Protection of Privacy Act, to what extent are their contents exempt from public access?

(ii) Is access to the records limited by other legislation, such as the Vital Statistics Act?

(iii) Do non-government records contain information from individuals and organizations that was provided with an expectation of confidentiality? Do the records contain personal identifiers, or information associated with third parties, solicitor-client privilege, other issues that could limit the public's access to these records due to ethical concerns?

(iv) Does the period of closure required to protect privacy warrant the acquisition of these records?

(F) Physical Condition:

(i) Are the records clean, dry, and well maintained, or have they been stored in locations where they were susceptible to mould, mildew, and insect infestations?

(ii) Are the records in a format that will be accessible in the future? Can the information on the records be converted to another storage format more suitable for preservation and access? These questions become particularly important when appraising electronic files, as well as video and audio cassettes.

(G) Availability of Creator-Generated Finding Aids:

(i) Is there a logical and consistent file plan or index that can be used to expedite processing or assist in providing public access to the records?

(ii) Are the records clearly labelled, with titles and dates that accurately reflect their contents?

(H) Future Donations:

(i) Can the City of Toronto Archives anticipate accruals to the initial donation?

(I) Cost Considerations for Archival Processing:

(i) How much will it cost to preserve and provide access to the records?

(ii) Does the records' potential to support research justify the expenditures associated with the costs of archival processing, physical preservation, and provision of public access (including the production of reference copies if necessary to safeguard original records)?

(iii) Has the donor requested any services, such as copies of the records or special access privileges, that may influence the cost of managing these records?

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Appendix 2

Glossary of Archival Terms

Note: Words appearing in upper case characters are defined in the Glossary.

Acquisition: (1) An addition to the holdings of an archives (2).

(2) The activity of transferring physical custody and legal ownership of documents to an archives (2) by means of donation or purchase of non-government records, or transfer of inactive records from municipal departments or agencies, boards, and commissions of the municipality.

Appraisal The process of determining the value and thus the disposition of records based upon a consideration of their administrative, legal, fiscal and archival value.

Archival Value The evidential value and informational value of records which are determined during appraisal, and justify their preservation as archives (1).

Archives (1) The records created, accumulated, and used by a person or organization in the course of the conduct of affairs, and preserved because of their continuing archival value.

(2) The program responsible for selecting, acquiring, preserving, and making available records possessing archival value.

(3) The building or part of a building where holdings are stored; also referred to as an archival repository.

Archivist A person trained, experienced, and engaged in the administration of archives (2), including the following activities: appraisal, acquisition, arrangement, processing, description, reference services, and outreach.

Collection An artificial accumulation of documents of any provenance brought together on the basis of some common characteristic, such as way of acquisition, subject, language, medium, type of document, or name of collector, which may be managed and described as a unit under a common title.

Conservation The component of preservation that deals with the physical or chemical treatment of records.

Copyright The right vested by law in the author of a document and the author's heirs or assignees to publish or reproduce the document or to authorize publication or reproduction thereof.

Disposition The actions taken with regard to inactive records as determined by their appraisal pursuant to legislation, regulation, or administrative procedure. Actions include destruction, or designation as archives (1) or as permanent records.

Document A unit of recorded information regardless of form or media.

Evidential value The importance of records for providing evidence of the origins, structure, functions, policies, and operations of the creator of the records.

Holdings The whole of the documents held by an archives (2).

Inactive records Records that are no longer required to conduct the current business of their creator, but must remain the responsibility of their creator due to administrative, fiscal, or legal requirements.

Informational value The usefulness of documents for research based on the information the documents contain. This information often has uses not envisaged or intended by the creators of the documents.

Preservation All processes and operations involved in the stabilization and protection of documents against damage or deterioration and in the treatment of damaged or deteriorated records to ensure their long-term use. Preservation may also include the transfer of information to another medium to maintain access to the contents of documents.

Processing The activity of properly storing archives (1) to enhance the preservation of the documents.

Provenance The person(s) or office(s) of origin of the records; the person(s), family (families), or corporate body (bodies) that created and/or accumulated and used records in the conduct of personal or business life.

Record A document made or received in the course of the conduct of the affairs of a person or organization, and preserved by that person or organization for the purposes of future reference.

Sources Bellardo, Lewis J. and Lynn Lady Bellardo. A Glossary for Archivists, Manuscript Curators, and Records Managers (Chicago, 1992).

Pederson, Ann, ed. Keeping Archives (Sydney, 1987).

Rules for Archival Description (Ottawa, 1990).

5

Corporate Records Management Program

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following joint report (June 29, 1999) from the City Clerk and the Chief Administrative Officer:

Purpose:

The purpose of this report is to seek Council approval for a Corporate Records Management Program that will harmonize the programs of the former municipalities with respect to policies, standards and services for the corporate management of the records of the City of Toronto, in accordance with the statutory responsibilities of the City as outlined in the Municipal Act and the Municipal Freedom of Information and Protection of Privacy Act.

Funding Sources, Financial Implications and Impact Statement:

Funding for policy development, and for service delivery in program areas where the management of active and inactive records has been undertaken in the past, is included within the budget of the City Clerk's Division of the Corporate Services Department. Extension of full service delivery across the Corporation and to agencies, boards and commissions, will require financial commitment from City departments and special purpose bodies, including negotiated arrangements for cost recovery, development of service level agreements, and disentanglement of existing resources.

Recommendation:

It is recommended that the objectives and policy statements of the Corporate Records Management Program to govern the creation, maintenance, organization, retention, and disposition of all records generated or acquired by the City, attached as Appendix 1 to this report, be adopted.

Background/History:

Prior to amalgamation, Councils of the former municipalities of Toronto, North York, Etobicoke and Metropolitan Toronto had established programs that governed the management of corporate records throughout their life cycle. The former municipalities of East York, York and Scarborough had records management programs focused primarily on records retention and storage.

(1) Metropolitan Toronto:

A Management Committee report entitled "Records Management for the 1990's: A Report on the Status and Future Directions for a Corporate Program" was approved by Council in March 1990. The report adopted recommendations for a life cycle approach to the management of departmental records by the Records and Archives Division of the Clerk's Department.

The work plan established centralized file rooms using high-density mobile storage systems for better space and staff utilization. Records Analysts in the Clerk's establishment provided support to departments by either providing clerical staff to maintain file room services, or by training client departments to manage their records, subject to negotiations conducted between Records and Archives Division and each department. Remote users were able to order files from their file room, or from the Archives and Records Centre, using local computer terminals. Computerization provided comprehensive and precise access to departmental files. It also ensured better utilization of file room space and records centre space by identifying infrequently used material.

(2) Former City of Toronto:

Former City of Toronto Municipal Code Chapter 97, Records Retention, set out the roles and responsibilities of the Records and Archives Unit of the City Clerk's Department to ensure: the retention of corporate records created by departments, agencies, boards, and commissions; the timely destruction of records, subject to the terms of by-laws and the Municipal Freedom of Information and Protection of Privacy Act; and the access to records retained for archival purposes.

Under Chapter 3.2 of the former City of Toronto Emergency Procedures Manual, it was the responsibility of the Records and Archives Unit to identify the type, kind and specific nature of municipal documents to be secured to support municipal emergency operations, to minimize the effect of the emergency, and to enable the continued operation of municipal services through the development and maintenance of a Vital Records Program and a Disaster Recovery Plan.

The former City of Toronto Electronic Data Processing Security Policies assigned responsibility to Records and Archives Unit: to maintain an inventory of all information including computerized information; to establish retention and disposition standards for all corporate information, regardless of format; to create standards for protection, access, authorization, contingency planning, and compliance; and to provide training on corporate responsibilities for management of information.

(3) City of North York:

Under the Corporate Records Management Program Mandate adopted by City Council in July 1990, North York established a program to develop and administer all activities related to records management. This mandate included a corporate records classification system and records retention schedules, secure storage space for all inactive records, confidential destruction services, and vital records protection. The objectives of this corporate program were to minimize duplication, and to ensure that records were found when required and destroyed when they were no longer required.

(4) City of Etobicoke:

Etobicoke City Council approved the Corporate Records Management and Micrographics Program Mandate in October 1981. The terms of reference for this program were to develop records management policies and procedures, review methods of document creation for the purpose of establishing global standards and guidelines, develop records retention schedules, ensure the timely and authorized destruction of records, establish a corporate records centre, protect essential records, develop uniform file classification systems, and coordinate the purchase of filing equipment and supplies.

(5) Cities of York and Scarborough, and Borough of East York:

Each of these former municipalities established records management programs with the objectives of ensuring the appropriate retention, storage, and disposition of municipal records.

(6) Agencies, Boards and Commissions:

The City's agencies, boards and commissions have varying levels of records management programs, and in some cases, rely on the City's records management program for assistance. For example, the Board of Health has requested the City's services in developing and implementing a records classification system, for which resources have been allocated through existing budgets. Other agencies have obtained services from consultants; Toronto Hydro, for example, has embarked on its own corporate records classification and retention project.

In the past year, both the Toronto Police Services Board and the Toronto Transit Commission obtained City Council's approval for records retention by-laws, as required by section 116 of the Municipal Act, without review by the City's Corporate Records and Archives Unit. The potential consequences of no archival review include the failure to exercise corporate due diligence in identifying and preserving records of long-term informational and evidential value.

In February 1999, City Council approved a report from the City Clerk recommending that inactive records of the City of Toronto and its agencies, boards and commissions that do not require long-term retention be consolidated into a single records storage facility. This will serve to both safeguard City legal interests and minimize operational costs.

An effective and appropriate relationship between the City's records management program and the City's agencies, boards and commissions must be established in order to ensure a coordinated approach and common service levels, and to safeguard the interests of City Council in its statutory responsibilities for these entities. Developing this relationship will require an ongoing dialogue with the agencies, boards and commissions, and a negotiated approach to service level agreements and resource sharing.

Comments and/or Discussion and/or Justification:

Information has many uses and values -- administrative, operational, legal, financial, and research -- which distinguish it as an asset. Information represents a significant investment of City resources, including staff time, supplies and equipment. Therefore, it is an appropriate business practice to manage all records as a corporate asset, in order to minimize costs and maximize the potential value of this information.

There are two main business reasons for managing all City records through a Corporate Records Management Program: (1) operational benefits and cost savings; and (2) corporate governance and legal requirements.

(1) Operational Benefits and Cost Savings:

Records are the business memory of the corporation, essential to informed decision-making and efficient service delivery. They are both a vital public resource and a corporate asset, to be managed effectively on behalf of the residents of Toronto, so as to ensure continued availability, integrity, preservation and security from initial creation or acquisition to final disposition, following appropriately defined cycles of retention and disposal.

Records also represent a significant investment of City resources. In 1994, senior management reviewed the duplication of support services across Metro's departments and its special purpose bodies, including links between various records management programs. The review identified that the engineering drawings alone constituted an information infrastructure of more than 344,000 maps and drawings worth more than $1.4 billion, with an estimated corporate investment of $4,000 per drawing.

Globally, private and public sector enterprises expend substantial resources in creating, filing and locating records. According to the Gartner Group, one billion documents are generated every day in North America. The number of documents in electronic format continues to grow at an alarming pace, and it is estimated that this number will double every four or five years. As organizations move to streamline their business processes and focus on core objectives, they must consider both the visible and hidden costs of records handling.

Key benefits of a Corporate Records Management Program include:

(a) improved information retrieval;

(b) proven space and cost savings per floor of office space;

(c) ability to accommodate and control future growth;

(d) standardized and coordinated purchase of equipment and supplies, with associated cost savings;

(e) cost savings through reduced duplication of records;

(f) faster and more accurate responses to information requests from Council, outside agencies and the public, to support an open and accessible government;

(g) enhanced consistency and stability of City administrative practices during a time of significant organizational change;

(h) timely destruction of obsolete records, to protect the City's legal interests and minimize storage and maintenance costs; and

(i) accurate, reliable information available for decision-making and managing all City functions.

The City's Tower Template Reference Group (TTRG) has recommended the use of centralized file rooms using cost-efficient, high density, mobile storage systems as part of the standard office template for City Hall and the future renovation of office space throughout the new City. This approach will minimize the cost of office space for all City departments. In the TTRG's review, it was reported that central file rooms using high-density mobile shelving at City Hall will result in space savings of approximately 42 percent over conventional filing equipment and decentralized filing arrangements. As an example, a cost analysis of the Legal Services central file room, prepared for the TTRG, demonstrated a cost avoidance of $28,000 per year by using mobile shelving compared to conventional filing cabinets. By adopting this approach as a prudent business practice, the City avoids incurring unnecessary additional costs for the office consolidation process.

Effective management of information also reduces the City's legal liability, through the ability to produce records to support the City's legal rights in the event of litigation. One regional municipality was recently able to obtain a settlement of over $1 million in a dispute with a neighbouring municipality over payments for a road boundary agreement signed 40 years earlier, simply by being able to locate and retrieve the relevant records from the municipality's archives. In this case, critical information had a clear economic value to the municipalities involved.

Corporate credibility is enhanced by retrieval of information when needed to defend City policies and decisions, and in response to requests from the public, inquests and administrative tribunals. Access to government information lies at the heart of an open and accountable municipal government.

(2) Corporate Governance and Legal Requirements:

A Corporate Records Management Program is essential to the corporate governance of the City of Toronto. It both mitigates the risks across the organization associated with unmanaged records practices, and limits the corporate exposure and liability of the City. In addition, it ensures corporate compliance with a complex and constantly changing regime of legislation and regulation governing the maintenance, format, retention and accessibility of records.

The timely destruction of obsolete records using an approved records retention schedule saves the City money and protects its legal interests. Courts have found other organizations financially and legally liable for destroying records prematurely or selectively. Legal experts advise that an unenforced or partially enforced retention program is worse than no retention program, as it may lead to conclusions that the organization is improperly destroying or keeping records based on whether they are considered to be harmful or helpful to its legal interests.

There are two main statutes that govern the mandate of a corporate program for managing the records of the City of Toronto: the Municipal Act, R.S.O. 1990, c. M.45, and the Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56.

The assignment to the Clerk of accountability for municipal records originated in Ontario with the Baldwin Act (1849), which first established our municipal order of government. The current Municipal Act retains this accountability and requires the Clerk to keep the books, records and accounts of the Council, and the originals of all by-laws and minutes of the proceedings of Council. In addition to the Clerk's traditional responsibility for managing municipal records, section 116 of the Municipal Act outlines the records retention and disposition obligations of a municipality. No records of a municipality or of an agency, board or commission may be destroyed unless their destruction is in accordance with the retention periods for such records as established in a by-law passed by the municipality or approved by the Ministry of Municipal Affairs and Housing.

The Municipal Freedom of Information and Protection of Privacy Act, which took effect in January, 1991, significantly expanded the scope of traditional records to include any record of information, however recorded, whether in printed form, on film, by electronic means or otherwise. Under this legislation, Council as the Ahead@ has delegated to the City Clerk certain powers, duties and responsibilities respecting the administration of the Municipal Freedom of Information and Protection of Privacy Act, in section 3 of By-law No. 3-1998.

Regulation 823 (R.R.O. 1990), enacted under the Municipal Freedom of Information and Protection of Privacy Act, added further responsibilities for the documentation, security and protection of municipal records. Regulation 823 requires the head (the Clerk acting under delegated authority) to ensure that reasonable measures are in place to prevent unauthorized access to records, that only those individuals who need a record for the performance of their duties shall have access to it, and that measures to protect the records in his or her institution from inadvertent destruction or damage are defined, documented and put in place, taking into account the nature of the records to be protected.

In February 1998, the Minister of Municipal Affairs and Housing released the draft new Municipal Act for consultation purposes. The draft Act would add a new section imposing a corporate duty on municipalities to retain and preserve securely, in an accessible format, all records of the municipality and its local boards (except for local boards which have control over their own records, on which the same duty is imposed directly). The draft act would also adopt from the Municipal Freedom of Information and Protection of Privacy Act the expanded definition of records in all formats. By this means, all municipal records, even such transitory records as voice mail and electronic mail, would be clearly brought within the statutory duty to ensure retention, secure preservation, and accessibility. Finally, the option of obtaining Ministry approval for records destruction would be removed, placing greater accountability on municipalities to manage their own records retention process. These proposed new legislative standards endorse and reinforce the governance role of a Corporate Records Management Program.

Recent proposed changes to the Canada Evidence Act (Bill C-54 -- Personal Information Protection and Electronic Documents Act), currently under consideration by the House of Commons, will also have a significant impact on the way in which electronic records are to be managed by all organizations. Under these amendments, the City will need to ensure the authenticity, integrity and proper operation of its electronic records systems, and may be required to demonstrate the standards, procedures and practices on how its electronic records are recorded and stored. Parallel legislation was also given first reading by the Provincial Legislature this spring (Bill 12 B Red Tape Reduction Act, 1999). Without records management standards in place, the City may not be able to use its electronic records for litigation or other court purposes, placing the City at a significant legal disadvantage in cases where this legislation applies.

In order to meet these statutory requirements and to provide operational efficiencies and cost savings, the City requires a Corporate Records Management Program that includes the following components: (1) records inventories; (2) corporate records classification system; (3) records retention scheduling; (4) active records management; (5) records centre services; (6) vital records protection; (7) records disposition; (8) archival preservation and access; (9) corporate practices and standards; and (10) electronic records management. Appendix 2 provides a table identifying key components of the recommended Corporate Records Management Program and demonstrating how each component is essential in meeting or supporting corporate governance objectives, and providing operational benefits and cost savings to the City.

Conclusions:

There is a clear business need for the City to establish a records management program on a corporate basis. This will fulfill corporate governance and legal requirements, and ensure the cost-effective and co-ordinated management of the records holdings of the City of Toronto. In addition, amalgamation requires the consolidation of records management practices and services of the former municipalities. This provides a unique opportunity for Toronto to establish a best-practice Corporate Records Management Program, as a model program for other municipal governments across Canada. The policies and services that would comprise this renewed program form Appendix 1 to this report.

Contact Name:

Michael Moir

Director, Corporate Records Systems and City Archivist

Telephone 392-9673, fax 392-9685, e-mail: mmoir@metrodesk.metrotor.on.ca.

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Appendix 1

Corporate Records Management Program

(1) In order to meet the statutory requirements of the Municipal Act and the Municipal Freedom of Information and Protection of Privacy Act, the City Clerk is responsible for the development, implementation and management of a Corporate Records Management Program that governs the creation, maintenance, retention, and disposition of records generated by departments of the City of Toronto. This Program shall be administered by the Director, Corporate Records Systems and City Archivist.

(2) For the purposes of the City of Toronto's Corporate Records Management Program, Arecord@ means any record of information, however recorded, whether in printed form, on film, by electronic means or otherwise, and includes correspondence, memoranda, plans, maps, drawings, graphic works, photographs, film, microfilm, sound recordings, videotapes, machine readable records, and any other documentary material, regardless of physical form or characteristics.

(3) The objective of the City of Toronto's Corporate Records Management Program is to ensure the cost-effective and co-ordinated management, throughout their full life cycle, of the records of the City of Toronto, including:

(a) programs for the creation, use, retention and preservation of records;

(b) regularly updated inventories of all records holdings;

(c) development, implementation and maintenance of a Corporate Records Classification System to classify and organize all records;

(d) development, implementation and maintenance of a City Records Retention By-law governing the retention and disposition of all records;

(e) management of active records through central filing services in head office facilities, and implementation of corporate records standards, services and active records conversions in satellite locations;

(f) transfer and storage of inactive records to City records centres that are operated in accordance with industry standards;

(g) vital records and disaster recovery programs;

(h) scheduled disposition of records through secure, confidential destruction, or by transfer to the City of Toronto Archives;

(i) preservation and access to records with archival value;

(j) development and implementation of effective corporate records practices, policies, and standards;

(k) training and assistance to City staff on their responsibilities for records management;

(l) development of strategies for the management of electronic records, including word processing documents, document management systems, databases, electronic mail and multimedia documents;

(m) establishment of corporate file supplies and equipment standards and procurement; and

(n) consultative assistance and services to the agencies, boards, and commissions of the City of Toronto on an as-needed basis, with appropriate cost recovery.

(4) It is the policy of the City of Toronto to ensure that:

(a) all records created by employees of the City of Toronto are the property of the City and are managed as a corporate resource, regardless of medium or format, to support effective decision-making, meet operational requirements, and protect the legal, financial, cultural and other interests of the City and the public;

(b) records are organized to facilitate access by those who require it through the proper and co-ordinated management of active and inactive records, subject to legal and policy constraints;

(c) collection and maintenance of records by the City from businesses and the public is limited to that which is required for the proper and efficient conduct of City business;

(d) records that document the evolution of policy and program decisions or have archival or evidential importance to the City are identified and preserved;

(e) records of archival value are organized in a manner to be readily available for the study of decision-making in government and other educational purposes that explain the historic role of the City of Toronto and its predecessor municipalities in Canadian society;

(f) all records are governed by retention schedules established in a City Records Retention By-law that is implemented through timely transfer and disposal of records;

(g) all records are protected from physical damage and from unauthorized access, alteration, removal or destruction, through the use of documented procedures, secure storage facilities and reliable recording media;

(h) as required by the Municipal Act, only records that have been authorized for destruction by an approved Records Retention By-law of the City of Toronto, or of one of its predecessor municipalities, may be destroyed;

(i) Records Retention By-laws for City agencies, boards and commissions are reviewed by the Director, Corporate Records Systems and City Archivist before their adoption by City Council.

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Appendix 2

Links Between Key Program Components and Business Objectives

6

Ballot Design for the 2000 Municipal Election

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 28, 1999) from the City Clerk:

Purpose:

The purpose of this report is to respond to a request from City Council to research ways in which candidates may be more easily identified on the ballot, such as including numbers or pictures beside the candidates' names.

Financial Implications:

The cost of ballot production will be part of the budget submission to be presented during the Year 2000 Operating Budget review.

Recommendation:

It is recommended that the City Clerk use her authority under the Municipal Elections Act, 1996 to number the candidates on the ballot.

Council Background Reference and History:

On June 9, 10 and 11, 1999, City Council amended Clause No. 25 of Report No. 6 of The Corporate Services Committee by adding thereto the following recommendation:

"It is further recommended that the City Clerk be requested to submit a report to the Administration Committee on the types of ballots that could be utilized to more clearly identify the candidates by the equipment, including numbers or pictures beside the candidates' name, to name two."

Comments and/or Justification:

The ballot is a provincially regulated form. Any proposed changes to the format of the City of Toronto's ballot would need to comply with what is permissible under the regulation.

The design of the ballot is at the discretion of the City Clerk, subject to the rules contained in subsection 41(2) of the Municipal Elections Act, 1996.

The following is a list of methods used in other jurisdictions to identify candidates on a ballot:

(1) numbering of candidates;

(2) colour in the area around the name of a candidate;

(3) pictures of candidates beside their names;

(4) party flags; and

(5) tribal signs.

Options 4 and 5 are not applicable for the City of Toronto elections.

Numbering of Candidates:

The numbering of candidates on municipal ballots was done by the former City of Toronto for the 1991 and 1994 municipal elections. This can be of assistance to some of the City's electorate, particularly those whose first language is not English. The numbering of candidates is permissible under the provincial regulations.

Colours:

The use of colours to identify candidates is rarely used in other jurisdictions. People naturally have preferences to certain colours, making the process of using colours unfair to candidates. The cost to produce these multi-coloured ballots would most likely double the current price of ballots. In the 1997 municipal election, there was an average of thirty candidates on each ballot. The use of thirty colours on a ballot face may prove to be confusing to the voter. The other issue would be the association of colours to political parties and candidate signs. The use of colours would be permissible under the provincial regulation.

Pictures:

Pictures have been used as a way to identify candidates in some jurisdictions. In the 1997 municipal election, there was an average of thirty candidates on each ballot. Approximately two inches of space would be required for each candidate's picture. Our ballot would probably be double sided or more than one piece of paper if pictures were allowed. The provincial regulation currently does not permit the use of pictures on a ballot.

Samples of ballots with pictures, colours and numbers are available in the Clerk's Office.

Conclusion:

It is recommended that the City Clerk use her authority under the Municipal Elections Act, 1996 to include numbers to identify candidates on the ballot.

Contact Name:

John Hollins, Director of Elections, City Clerk's Division

Telephone No. 392-8019 E-mail: jhollins@city.north-york.on.ca

7

1999 Allocations: Access and Equity Grant Program

(City Council on July 27, 28, 29 and, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the report (June 25, 1999) from the Chief Administrative Officer:

The Administration Committee reports, for the information of Council, having referred the submissions made by the deputants appearing before the Administration Committee, at its meeting on July 13, 1999, to the Chief Administrative Officer for consideration in his forthcoming report to the Administration Committee respecting the reserves held for appeals.

The Administration Committee submits the following report (June 25, 1999) from the Chief Administrative Officer:

Purpose:

This report presents the recommended allocations of $439,000.00 for the 1999 Access and Equity Grants Program.

Funding Implications:

The grants recommended in this report are within the 1999 Access and Equity Grants Program approved allocation of $444,000.00.

Recommendations:

It is recommended that:

(1) grants totalling $439,000.00 be approved as outlined in Appendix 1, 1999 Grants Allocations;

(2) the $5,000.00 balance be held in reserve for appeals subject to a further report recommending the allocation of this reserve; and

(3) the appropriate City officials be authorized to take the necessary action to give effect thereto.

Council Reference:

On April 26, 1999, City Council approved $444,000.00 for the Access and Equity Grants Program, within the Consolidated Grants Program, as part of the 1999 Operating Budget.

On April 13, 1999, City Council approved a "Legislative Process for Grants Policy and Administration", assigning responsibility to the relevant standing committee for program related grants, and responsibility to a sub-committee of the Policy and Finance Committee for policy issues pertaining to all City grants.

The Access and Equity Grant Program was initiated in 1980 by the former Municipality of Metropolitan Toronto as a Multicultural Grants Program. The purpose of the grants program was to promote respect and value for the City's ethno-racial communities and to strengthen positive race relations in the City. The "City of Toronto Grants Policy" approved by Council in December 1998 provides overall policy direction for all of the City's grants programs.

In April 1999, City Council approved an additional $137,000.00 to the Access and Equity grants program out of the Consolidated Grants Program to respond to the enhancement and harmonization needs. On June 9, 1999, the Task Force on Community Access and Equity recommended that Council increase the budget for the Access and Equity grants program in order to extend the City's support for advocacy activities to a wider range of equity seeking groups.

(A) Program Objectives and Funding Categories:

The objectives, which must be met by all requests, are:

(i) to strengthen a positive race relations climate in the City of Toronto; and

(ii) to promote respect and value for Toronto's multicultural and multiracial character.

Applications can be made in one or more of the following funding categories:

(a) Anti-Racism and Equity:

Activities such as advocacy on human rights and race equity issues, public education programs and other projects which are designed to eliminate racial discrimination.

(b) Access and Equity Community Development:

Activities include those that are directed at improving ethno-racial and Aboriginal access to public sector services and at facilitating access to the decision-making of public institutions so that barriers preventing equal participation are identified and eliminated. Activities which promote civic participation of ethno-racial and Aboriginal communities are also included.

(c) Anti-Hate Activities:

Activities to combat hate activity, which involve the participation of residents, communities and public institutions.

(B) Program Priorities:

The allocation of the Access and Equity Grants Program are determined in the context of strategies to:

(i) support the community-based, race relations infrastructure of agencies assisting new communities to resolve issues;

(ii) provide funds to organizations which have demonstrated their ability to carry out effective advocacy on anti-racism, access and equity issues;

(iii) support cooperation, networking and coalition building within communities and between communities and institutions;

(iv) provide support to projects to combat hate activity, including public education, data collection, victim assistance; and

(v) support projects which facilitate community access to institutions.

(C) Eligibility Criteria:

The organization:

(i) is incorporated as a non-profit organization. (Organizations which are not incorporated must demonstrate financial accountability or have another organization to sponsor or be its trustee (fill trustee form.);

(ii) must have a board of directors or other governing structure, elected by the general membership and who must serve in a voluntary capacity. They should be representative of, and accountable to the community they serve or intend to reach;

(iii) defines the process by which it will ensure accountability to the communities it serves;

(iv) must be financially viable such that:

(a) the organization must demonstrate that it is receiving or has requested financial assistance, from other appropriate government, and private funding sources and through fund-raising; and

(b) the organization must demonstrate that the proposed activity or project is financially viable.

(D) Selection Criteria:

The Project:

(i) falls within the priorities of the Access and Equity Grants Program;

(ii) identifies potential benefits for people who live, work and/or play within the boundaries of the City of Toronto;

(iii) demonstrates potential of project to increase awareness of anti-racism, access, anti-hate promotion strategies and programs/services;

(iv) responds to a demonstrated need;

(v) clearly states goals and objectives and the methods/activities that will achieve them;

(vi) includes evaluation component to measure project effectiveness;

(vii) demonstrates accessibility to target population;

(viii) demonstrates that proposed work has a broad base of community and target group support and addresses culturally diverse groups;

(ix) demonstrates ability to work cooperatively with other community organizations;

(x) demonstrates ability of the organization and its staff to carry out the project;

(xi) demonstrates that the project is realistic, logical and attainable in terms of timing and resources;

(xii) provides evidence of successful implementation of previously funded project(s), where applicable;

(xiii) demonstrates that the budget is reasonable and justified; and

(xiv) provides evidence that the applicant has actively sought other funding or in kind support for the proposed projects, while not duplicating funding.

Comments/Discussion:

The following information is appended to this report:

- Appendix I lists the recommended allocations.

- Appendix II summarizes the applications.

The priorities of the Access and Equity grants program are based on a continuing high need to respond to expressions of racism and to increasing levels of reported hate crimes. This grants program provides support to projects being implemented by community organizations to respond to need, as well as to support the community infrastructure. Recent studies and statistics have found that hate crime and ethno-racial inequality is on the rise. For example, the 1998 Toronto Police Services Hate Crime Statistics indicate that crimes motivated by hate, bias or prejudice have risen by 22 percent in 1998 over 1997 in the Toronto area. Hate motivated crimes against racial minorities accounted for the highest number of occurrences. Blacks, South Asians, Asians, Gays and Lesbians were primarily victims of assaults. Jews were victims of mischief and threats.

According to York University's Institute for Social Research study, "Ethno-Racial Inequality in Metropolitan Toronto", the data shows that ethno-racial groups with the highest unemployment rates in 1991 are: Africans from specific nations (25.8 per cent),Mexican and Central Americans (24.7 percent), Tamils (23.9 per cent), Sri Lankans (20.5 percent), First Nations people (19.7 percent). The study found that groups with the most unemployment are not those with the least education. Where poverty is concerned, while 19 per cent of all families in Toronto are defined as living below the "low income cut-off", the data shows that the highest levels of poverty are faced by Arabs and West Asians, Latin Americans, and Blacks and Africans at 37.4, 33.9, and 33.5 percent respectively. Aboriginal and racial minority communities are seeking equitable treatment within Canadian laws and institutions, however, the disparity in access appears to be widening.

To address some of these issues, organizations are funded by this program to counter the spread of hate activity. Some conduct educational workshops which meet the linguistic and socio-cultural; needs of the respective communities they serve; others develop educational materials as well as mass media tools such as public service announcements and transit posters. Some organizations have taken a lead in Canada in providing assistance to victims of hate crimes.

In addition, grants are allocated to groups to advocate on behalf of disadvantaged communities. These groups are routinely consulted by different levels of government. They participate on various advisory committees of the municipal, provincial and federal governments, universities, hospitals, policing services and broader community sector with the objective of facilitating institutional change by introducing access and equity principles at the decision making level. Issues of major concern continue to be: access to employment, equitable treatment in the workplace, equitable treatment in the public and private housing sectors, access to services in municipal government, development of knowledge to own and operate businesses.

1999 Applications and Financial Allocations:

(A) Method of Application and Assessment:

Applications were made available in February 1999 along with Guidelines and Criteria. Four information sessions were held in February, 1999 for interested applicants. Sessions were held at Metro Hall and Civic Centres in Scarborough, Etobicoke and North York. Applications were returned to the Access and Equity Unit by March 4, 1999.

Applications were assessed by staff of the Access and Equity Unit. Two teams of staff interviewed new applicants. Recommendations were discussed by a larger staff team, which included the staff of the access and equity unit who are involved in community based activities.

Recommendations are based on the need of the community being targeted by the project, priority of the activity with respect to identified needs within Toronto, the potential long-term impact of the project, the ability to complete the project, as well as the administrative capacity of the organization. Consideration has been given to the financial viability of the proposal, the state of development of the organization, its track record in the community as well as its level of financial need. Other sources of funding are included in grant applications as well as funding sought and approved from all other levels of government.

(B) Conditions:

All recipients of grants and non-financial support are required to adopt and implement the City's Anti-Racism, Access and Equity policy approved by City Council in December 1998.

Agencies receiving support are required to acknowledge the City's financial support in their communication materials.

Additional conditions can be placed upon agencies to ensure that program objectives are met. In June 1999, the conditions recommended by the Community Services grant program for the following organizations are supported by the Access and Equity grant program. These are:

(i) Portuguese Inter-Agency Network is required to review and restructure its organization and to increase its volunteer and funding base.

(ii) Toronto Community Training and Social Services (Mothers Against Poverty) is required to submit an audited financial statement or to obtain a trustee and submit a signed trustee agreement form to the Access and Equity Unit.

(iii) Working Skills Centre is required to increase its volunteer base.

(C) Synopsis of Allocations:

The following statistics provide a synopsis of the funding recommendation and a comparison with 1998 allocations:

	1998	1999
(1) Approved Budget	$307.0	$444.0
(2) Appeals Reserve	$ 5.0	$ 5.0
(3) Total Number of Applications	45	58
(4) Number of Returning Applicants	27	29
(5) Number of New Applicants	18	29
Recommended for funding:
(6) Number of Returning Applicants	27	28
(7) Number of New Applicants	2	25
(8) Total Number Recommended for funding	29	53
(9) Number Forwarded to Recreation Grants	0	1
(10) Number of New Applicants not recommended for funding	16	4
Amount Recommended:
(11) New Applicants	$11.0	$123.5
(12) Returning Applicants	$291.0	$315.5
Total	$302.0	$439.0

(D) Analysis of Allocation:

Fifty-eight applications were received of which 53 are recommended for funding. Of the five applications which are not recommended for support, one applicant, Spirit of the People, was forwarded to the Recreation Grants program and has been recommended for funding out of that program (without a transfer of funds). Four applicants did not meet the program criteria. The reasons are outlined in Appendix II.

Twenty-five new applicants are recommended for funding with amounts ranging from $2,500.00 to $12,000.00. Of the 29 returning applicants, nine applicants are recommended for increases in funding, two applicants have been recommended for a decrease in funding, and 16 applicants have been flatlined.

Five applications were received from the Somali community. The agencies are seeking funds to develop and deliver workshops on hate crimes, human rights, racism, systemic discrimination and civic participation. Since the agencies are located in different geographical areas of the City and are serving different segments of the Somali population, therefore, all five applicants are recommended for funding.

Community Development/Relations:

A review of the applications submitted to the Access and Equity programs continue to show high needs in recently settled communities or communities facing historic disadvantage. Newly settled communities need assistance and training on how to gain protection from and respond to hate crimes, gain access to services and participate in decision-making. Many groups continue to seek support from the City's community development officers to develop their organization structure, community membership, programs and services. In addition, translated City materials are also needed, particularly those which assist with organizational development and which improve access to information on services.

Funding Levels:

The additional $137,000.00 allocated to the Access and Equity grants program has helped to increase support for the infrastructure of advocacy organizations responding to hate crimes and racism as well as to provide support to organizations who were eligible in prior years but could not be supported because of insufficient funds.

In view of the additional funds in the program, the grants program will be reviewed for the year 2000. Expansion of the program beyond the current priorities will be subject to a further report to be developed in consultation with grant recipients, community agencies, government and non-government funding bodies.

The City is fulfilling an important role in supporting community-based strategies addressing race relations, access and equity through its Access and Equity grant program. The primary source of funding available to community groups for these activities is through the Federal Department of Canadian Heritage, which has a budget of approximately $1.8 million for the Greater Toronto Area. Private foundations such as May Tree, Laidlaw, Atkinson and Trillium also support the City's objective of using the grants programs to build the capacity of the City's diverse communities.

Inter-Grant Program Funding Transfers:

As part of the harmonization of grant programs, inter-grant funding transfers based on City program mandates occurred in the 1999 cycle. On June 17, 1999, the Community Services Committee recommended to City Council the adoption of the Community Services Grants Program - 1999 Allocations report wherein funds in the amount of $17,400.00.00 (details identified below) will be transferred out of the Community Service Grants to the Access and Equity grants program. This increases the Access and Equity grants program by $17,400.00 without increasing the Consolidated Grants program budget.

The transferred amount will be allocated as recommended by the Community Services Committee to the following organizations:

(1) Cross Cultural Communications Centre $3,500.00

(2) Women Working with Immigrant Women $2,800.00

(3) Centre for Equality Rights in Accommodation $3,500.00

(4) Urban Alliance on Race Relations $7,600.00

Conclusion:

This report recommends that a total of $439,000.00 be approved to organizations which have been assessed to be eligible under the criteria of the Access and Equity grants program. It further recommends that $5,000.00 be held in reserve for appeals and that a further report on the appeals be submitted.

Contact Name and Telephone Number:

Ceta Ramkhalawansingh, 392-6824

Cassandra Fernandes, 392-3834

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Appendix I

1999 Access and Equity Grants Allocations

N = New Applicant

N-NR= New, Not Recommended Applicants

Inter-grant Program Funding Transfer:

Amount to be transferred from the Community Services Grant Program and added to the Access and Equity Grant Program. The allocation of $17,400.00 is distributed as follows:

Total Grant Funding For:

Organization	1999 Access and Equity Grant Recommendation	1999 Community Service Grant Recommendation	1999 Total
Centre for Equality Rights in Accommodation	10,000.00	3,500.00	13,500.00
Cross Cultural Communications Centre	35,000.00	3,500.00	38,500.00
Urban Alliance on Race Relations	35,000.00	7,600.00	42,600.00
Women Working with Immigrant Women	7,000.00	2,800.00	9,800.00

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Appendix II

1999 Summary of Access and Equity Grants Projects

(1) Access Action Council was formed in 1987 and incorporated in 1994, to promote ethno-racial access and equity within the human service delivery system. The Council is seeking funding to undertake a needs assessment to examine the "lived labour market" experience of immigrant and refugee youth, particularly those young people who have been unsuccessful in their attempts to integrate into the Canadian labour market. This needs assessment will examine seven groups of immigrant/refugee youth including Somali, Afro-Caribbean, Chinese, Korean and Portuguese. (Recommended: $15,000.00).

(2) Afghan Association of Ontario, incorporated in 1984, was established to aid the Afghan immigrant and refugee community. The organization is seeking funds for a project to increase the awareness of human rights and race equity issues for Afghans in Toronto and will translate, print and distribute hate crime/human rights educational materials into Farsi. This project will raise the "Awareness of Afghanis on Human Rights and Race Equity in Toronto". The project will target the Afghan population living in Toronto. (Recommended: $3,500.00).

(3) Anti-Racism Action Centre (Trustee: Cross Cultural Communication Centre) is a service delivery model developed by a steering committee of community based organizations to address the lack of services available to individuals who have been victimized by racism. Their 1999 project is to train staff in handling complaints, promote the services of the centre, establish relationships with community agencies, institutions and government agencies to ensure referrals, develop a complaints handling manual, assist victims of racism, document incidents and maintain a hotline. This is a unique project and fills a gap which has been substantiated through a feasibility study. (Recommended: $10,000.00).

(4) Artists Against Racism (AAR) is an organization that was founded in 1996 to promote anti-racism in Canada by producing a series of anti-racism posters, billboards, concerts, booklets, etc. This organization is requesting funds to undertake their 1999 Public Education Campaign which includes posters in subways, interior transit sites and restaurant/bars. In addition, AAR will provide slide advertisements for movie theatres, television, public service announcements, school videos featuring artists and students across Toronto and a violet ribbon campaign in record and drug stores, schools, award shows, concerts and festivals. Their target audience is young people from elementary schools to mid-twenties. (Recommended: $3,500.00).

(5) Association of Integration of Expatriates from Eastern Europe and Asia incorporated in November 1998. The mandate of the association is the integration of the Russian speaking diaspora in Canada. The Association of Integration of Expatriates is seeking funding to support a series of seven Russian Cultural Heritage events. These sessions will explore the traditions, spiritual life, national food, past and modern history, literature, art, etc. of Russian Culture. (Not Recommended: Did not meet Access and Equity grants program criteria. Project emphasis is on organizing a series of Russian Cultural Heritage evenings that will profile Russian, food, literature, history etc.

The group has applied to the Cultural grants program.

(6) Baluchi Canadian Association (Trustee: East York Family Resources Organization) founded in 1998 and incorporated in 1999, assists Baluchis to adapt to Canadian society and to assist them in gaining access to community and government services. This organization is requesting funds to conduct a needs assessment and to educate members of the Baluchi community on human rights and civil and criminal law. (Recommended: $5,000.00 seed money).

(7) Canadian Arab Federation was founded in 1967. It represents the interests of the Arab Canadian community by identifying issues of importance for the Arab Canadian community and addressing them appropriately through public education, language training, community development, media and government relations. The Federation is requesting funds for continued support of its anti-racism help desk which focuses on combating racism against Arabs, providing support for those who have been victims of racism and the development of materials to reduce the stereotyping of Arabs and anti-Arab racism. This year's activities will focus on the Arab community's ability to gain access to public institutions, as well as anti-racism leadership and media skills. (Recommended: $12,000.00).

(8) Canadian Ecuadorian Foundation for Social Development was founded in 1988 to provide family counselling, to members of the Hispanic community. In addition, the Foundation is representing two other organizations (Latin Mission and Embajadoresdes Folkore Boliviano that promote and sustain the folkloric traditions of Ecuador and Bolivia. They are requesting funds to raise awareness around issues facing the Ecuadorian community, particularly with youth. (Recommended: $5,000.00 seed money).

(9) Canadian Polish Congress was founded in 1944 and incorporated in 1948. The Canadian Polish Congress is an umbrella organization representing over 250 groups and organizations active in Polish-Canadian communities across Canada. This organization seeks funding to conduct a symposium entitled "Polish-Canadians in the 21 Century" for September 1999 on barriers identification to public sector services. It will subsequently conduct access and equity workshops on how to gain access to public sector services. The target audience is the Polish-Canadian community in general. (Recommended: $3,500.00).

(10) Centre for Equality Rights in Accommodation (CERA) was founded and incorporated in 1987 to promote knowledge and enforcement of human rights among disadvantaged groups and individuals. The Centre also assists low-income people whose human rights may have been violated when attempting to attain adequate and affordable housing. CERA seeks funding to form a coalition named Housing Opportunities Made Equal (HOME) which will consist of housing seekers, housing and community organizations working collaboratively with key players such as landlords, business people, public figures and media to promote equal opportunity and equity strategies in the rental housing market. (Recommended: $10,000.00).

(11) Chinese Canadian National Council (Toronto Chapter) was established in 1980 to promote the rights of Chinese Canadians and to encourage their full and equal participation in Canadian society. The Council is seeking funding for its ongoing activities as well as their "Anti-Racism Community Empowerment Project-Leadership Training and Advocacy". The leadership training project will consist of a roundtable planning session, series of workshops, and a training retreat. The target audience for this project are members of the Chinese Canadian community, living or working in Toronto who are fully bilingual, willing to continue to be involved in ongoing advocacy /community education and victim assistance initiatives. (Recommended: $20,000.00).

The funding level reflects operational support.

(12) Coalition of Visible Minority Women (Ontario) Inc. was incorporated in 1986 to support immigrant and visible minority women to participate and contribute fully to the economic, social and political life of the community. This organization is seeking funding for its ongoing activities as well as for conducting educational workshops on hate crimes and access, networking with other agencies and organizations, and advising all levels of governments on new legislation and policies. (Recommended: $12,000.00).

(13) Council of Agencies Serving South Asians incorporated in 1991, is an umbrella organization, established to advocate for service access and equity for the South Asian community. It seeks funding for its ongoing activities as well as for the continuation of their "Anti-Racism and Anti-Hate Project for the South Asian Community". It will maintain the hotline on hate crimes, provide appropriate assistance and referrals to victims, promote awareness in the community, conduct workshops for ethno-specific staff and the general public. They will also continue to advocate on areas of concern to CASSA's membership and the South Asian community at large. (Recommended: $20,000.00). The funding level reflects operational support.

(14) Cross-Cultural Communication Centre (CCCC) was founded in 1972 as a community education and resource centre, which develops programs and educational materials on anti-racism. It conducts training courses and workshops, provides consulting services, publishes and distributes books, and houses a unique library collection of print and audio visual resources available to the public. The Centre is seeking funding to continue its ongoing anti-racism programs. CCCC's target audience is comprised of immigrants, newcomers, people of colour, community organizations with an anti-racism mandate and government institutions. (Recommended: $35,000.00). The funding level reflects operational support.

(15) Culture Link Settlement Services of Toronto, incorporated in 1992, assists immigrants through a full range of programs dedicated to facilitating the independence and full participation of newcomers in Toronto. Culture Link seeks funding for its "Youth Participation Program" which will address the hate, intolerance and isolation faced by newcomer youth in schools. This program is a follow-up to the Newcomer Youth Conferences in 1997 and 1998. Part of the funding sought will be used to organize the 3^rd Annual Newcomer Youth Conference. This conference will target newcomer youth in Toronto's secondary schools, as well as parents and teachers. (Recommended: $5,000.00)

(16) Dejinta Beesha Somali Multi-Service Centre was established in 1994 by a coalition of Somali organizations to foster the positive settlement and integration of Somalis into Canada and to support Etobicoke agencies and the larger Etobicoke community in recognizing the positive contribution Somalis make. This organization provides counselling, information and referral services on employment, housing, social welfare benefits, immigration, education, health issues, legal aid, Children's Aid and other special needs. They also assist members of the Somali community by providing advocacy services and community development to lessen the impact of access barriers for the Somali community. They are seeking funds to deliver educational workshops for the community to address the issues of hate crime against Somali Muslim women. (Recommended: $2,500.00).

(17) Desh Pardesh was incorporated in 1994 with the mandate to facilitate new artistic expressions and encourage the development of diasporic South Asian arts, culture and politics. The members of Desh Pardesh are South Asian artists, cultural producers and other community volunteers. They are seeking funding to conduct four workshops to take place from fall 1999 to early 2000 on the following topics: (1) health and social services; (2) education system; (3) hate crimes and police violence; and (4) poverty and homelessness. The workshops and panel discussions are intended to demonstrate the impact of social policies on immigrant Canadians with respect to eliminating racial, gender and sexual orientation discrimination. They are targeting the young Diasporic South Asian community, as well as other socially and politically active communities, and arts and culture organizations. (Recommended: $3,500.00).

(18) Desi Queer (Trustee: Central Toronto Youth Services) was formed in 1998 to address the concerns and needs of lesbians, gays and bisexuals in the South Asian community, as well as their family members. They are seeking funding to undertake a video entitled "Building Bridges: Addressing the Needs of Families of South Asian Lesbians, Gays and Bisexuals". This video is intended as a public education tool to deal with issues of coming out to families, homophobia, isolation and fear. The video will be widely distributed and will also be housed in public libraries. (Recommended: $5,000.00).

(19) Federation of Chinese Canadians in Scarborough (FCCS) was established in 1988 to promote greater participation and integration of the Chinese community in the City's social, cultural, economic and political life. Their 1999 request for funds seeks to build on the project started in 1998. This project entitled AACTcess II, will provide mentoring, support and training to youth in the Chinese community on combating racism, discrimination and barriers to access. (Recommended: $6,000.00).

(20) Ghanaian Business and Professionals of Canada (GBPC) was founded in 1993 to encourage and support economic development in the Ghanaian Canadian community through business and professional training initiatives and job placements for youth. GBPC seeks funding to organize three workshops specifically geared towards providing Ghanaian women, particularly single parents with the required information and resources to fully gain access and participate in trades and professions. Their 1998 needs assessment survey specifically identified Ghanaian single women/parents, who provide sewing and hair-braiding services, as needing basic business skills. (Recommended: $3,500.00).

(21) Heritage Skills Development Centre, incorporated in 1994, was established to provide skills development to African Canadian women. It seeks funding for a project entitled "Improving Ethno-Racial Access and Civic Participation of Low-Income and Marginalized People Project". This project will involve a series of workshops which will focus on developing methods and strategies for civic engagement of ethnic and minority women. Topics will include (1) description of the structure and function of local government; (2) description of the role of local government; and (3) demonstration of the methods of gaining access to local government. (Recommended: $5,000.00).

(22) Hispanic Development Council is an umbrella organization of 64 agencies providing services to the Spanish-speaking community which focuses on social and economic development issues. Funds are requested for its ongoing activities, as well as, to undertake a conference and a series of community discussions with the Canadian Hispanic community focussing on empowerment through community education, understanding of the community's needs and priorities regarding access and equity. This project will also involve the creation of a documentation centre for community and non-community members. (Recommended: $20,000.00). The funding level reflects operational support.

(23) Historical Connexion was incorporated in 1998 as a multi-racial, multi-ethnic, non-religious, non-profit organization to maintain and disseminate the historical connections of African people to Canada, including but not limited to their first arrival, their role, their achievements, and their contributions. They accomplish this mandate by providing customized seminars, internet workshops, interactive activities, research services, historical content providers and program consultants for students, educators, heritage organizations and the general public. Historical Connection is seeking funds for their linkages and Strategic Associations Project that will utilize the internet as a vehicle to educate elementary and secondary students on the historical and present contributions of people of African descent. (Recommended:$5,000.00).

(24) Human Rights and Race Relations Centre, incorporated in 1994, has undertaken a number of initiatives and events for the promotion of multiculturalism, human rights, and improved race relations. The Centre is seeking support for a project entitled "Discrimination in Access to Legal Profession." This project will involve a conference of foreign-trained lawyers (India, Pakistan, Bangladesh, Philippines, Sri Lanka) with the purpose of developing strategies to ensure access for these lawyers to the legal profession in Canada. It will then undertake a dialogue with the Law Society of Upper Canada to implement these strategies to ensure greater access. (Recommended: $3,500.00).

(25) Jamaican Canadian Association, incorporated in 1971 maintains and supports the cultural heritage of Jamaicans and other people from the Caribbean/Canadian and African/Canadian communities. It provides programs and services designed to enhance and facilitate social, economic and cultural integration. The Association is seeking funds for its Access to Justice: Caribbean and Black Legal Information and Resource Centre project. Funds are required to ensure clients are able to obtain access to legal information, referrals, advocacy and mediation services. (Recommended: $5,000.00).

(26) Korean Canadian Women's Association, incorporated in 1985, provides culturally sensitive and linguistically appropriate family and social services, settlement services to newcomers from Korea, community development, and advocacy services to eliminate racism, sexual discrimination and violence against women, youth and seniors. They are seeking funds to develop a phone-line to report racism and discrimination and to organize a series of anti-racism workshops for Korean women. Issues arising from the workshops will be identified and reported to the City of Toronto. (Recommended: $3,500.00).

(27) Latino Canadian Community Association of Scarborough, incorporated in 1995, promotes programs and provides services of counselling, information, orientation, referrals, translation and interpretation to the Latino-Canadian community of Scarborough. They are seeking funds to develop and implement a series of information sessions for the Spanish-speaking community of Scarborough on gaining access to and utilizing mainstream services (i.e., social services, educational services, police services, justice system etc.). This project will also involve the development of a booklet on obtaining these services. (Recommended: $5,000.00 seed money).

(28) League for Human Rights of B'nai Brith Canada was established in 1970 to combat racism, prejudice and bigotry, and to eliminate racial discrimination and anti-Semitism. The organization is seeking funds this year as a follow-up phase of the 2^nd International Symposium on Hate on the internet to be held in Toronto in March 1999. These training initiatives will be taken into schools in Toronto not only to raise awareness of the increasing problem of hate on the internet but also to develop skills and strategies for students and educators to counter this problem. This initiative will strengthen community partnerships with schools and between diverse communities themselves, in working together to counter hate and bias crime in Toronto. (Recommended: $12,000.00).

(29) Metro Association of Family Resource Programmes (MAFRP) was established in 1994 to help the 124 family resources programs in Toronto develop the necessary skills to evaluate their own organization. This organization is seeking funds to complete an Anti-Racism Policy Resource Manual and to feature the themes of access and equity, anti-racism and diversity at MAFRP's bi-annual, 2-day Conference, in November 1999. They will be targeting all the FRP community including staff, volunteers, board members, and program participants. (Not Recommended: Project has an internal focus and since 1994 has already received substantive City staff support.)

(30) Midaynta-Association of Somali Services Agencies was incorporated in 1992. It is a coalition of 12 Somali community-based agencies. It is requesting funds to hire a part-time project coordinator to organize a series of eight workshops to educate newcomers from the Somali community on human rights, political participation, hate crimes and how to respond to hate activities and systemic racism. These workshops will be conducted through its member agencies to increase access to participation. (Recommended: $2,500.00).

(31) National African Integration & Families Association Inc. was incorporated in 1994 to advocate, identify and address the distinctive cultural, traditional, religious and linguistic needs of Continental African Canadians within the criminal justice system. They are seeking funding for a project directed at improving the black community's access to services and at facilitating access to the decision-making of the Toronto Police Service so that barriers preventing equal participation are identified and eliminated. (Recommended: $3,500.00).

(32) Ontario Council of Agencies Serving Immigrants was founded in 1978 and is a coalition of 142 community-based agencies providing services to immigrants and refugees. It acts as a coordinating, resource, research and advisory body for its member agencies, the federal, provincial and municipal governments, and the community at large. Its goal is to strive to ensure a just, fair and equitable society and to strengthen the capacity of the immigrant and refugee serving organizations in responding to the needs of their clients around issues of racism. The organization is seeking funds for its ongoing activities, as well as, to hold three professional development workshops and two educational/information sharing sessions for settlement workers in the immigrant and refugee sectors. (Recommended: $15,000.00). The funding level reflects operational support.

(33) Parkdale Intercultural Association was incorporated in 1979 and provides educational and settlement services for immigrants and refugees living in the Parkdale area of Toronto. This organization is seeking funds to build upon and expand its Newcomer Civic Participation Program, a Youth and Anti-racism initiative and the Access-to-banking project. They will be inviting speakers to inform and lead discussion on relevant topics such as access and equity in employment, housing, justice, and immigration. Their audience will be drawn from their agency programs for newcomers including LINC classes, community kitchen project, community public education program and settlement services and the broader newcomer community in Parkdale. (Recommended: $14,000.00).

(34) Planned Parenthood of Toronto was founded in 1961 and is a community based agency whose purpose is to promote healthy sexuality by educating, supporting and encouraging women and men in informed decision making. They are seeking funds to continue its peer education project TEACH B Teens Educating and Confronting Homophobia B which began in 1993. This project will include training for their current TEACH peer educators to develop their skills and ability to deliver anti-homophobia workshops, with a specific focus on hate activity prevention, developing and evaluating workshop activities to address these issues and creating a Homophobia and Hate Activity Prevention Tool Kit to encourage ongoing anti-hate activity education. (Recommended: $3,500.00).

(35) Portuguese Inter-Agency Network was incorporated in 1978 as an umbrella organization of Portuguese community agencies committed to ensuring the development of appropriate services to the Portuguese community. The organization is asking funds to partner with the Society of Portuguese Disabled Persons to compile and produce a Directory of Accessible Programs and Services for the Portuguese-speaking disability community which will be available throughout the community in churches, schools, doctors offices and community agencies. (Recommended: $10,000.00).

Condition: The organization has been advised to consider alternate restructuring and partnership opportunities as well as increase its volunteer and funding base.

(36) Refugees and Immigrants Information Centre Toronto, Inc. is a multi-ethnic institution founded in 1996 which provides settlement education, counselling, interpretation and translation services to refugees and new immigrants. It also provides referral services for housing, employment, legal and health care. This organization is seeking funding to remove the barriers in searching for suitable employment for foreign-trained refugees and immigrants and assisting them to achieve their desired career goals. (Recommended: $5,000.00 seed money.)

(37) Roma Community and Advocacy Centre was incorporated in 1998 to promote and develop the interests of Canadian and newly-arrived Roma and to provide education, information, cultural and related services to assist in the settlement and further development of the Roma community. This organization is seeking funds to organize the first Roma Conference in Toronto. The main goal of this conference will be to determine compatible goals and mechanisms for mutual support and co-operation among those representatives of the established and newly-arrived Roma communities residing in the greater Toronto area. Roma representatives from the diverse language groups from Hungary, Czechoslovakia, ex-Yugoslavia, Romania and Albania will be invited. (Recommended: $5,000.00).

(38) St. Joseph's Women's Health Centre, formed in 1989, is a multi-disciplinary group of women who provide integrated programs and services to address the broad determinants of health; with a particular focus on trauma issues. It is seeking funding to undertake a project to provide support, information and training to immigrant and refugee women employed within the home care and personal care sectors. This project will involve the design and delivery of three educational workshops and the production of a train-the-trainer manual to home care workers employed at five separate work sites. (Recommended: $5,000.00).

(39) Scarborough Network of Immigrant Services (Trustee: Catholic Cross-Cultural Services) was founded in 1998 to provide a forum for ensuring accessible services to immigrants, refugees and ethno-racial communities as well as improving coordination of service delivery in Scarborough. It seeks funds to produce a community development guide that will provide a set of knowledge and skills to ethno-specific and other marginalized immigrant and settlement agencies in Scarborough. The guide will describe a variety of strategies, case studies and scenarios on how to advocate and represent community issues and needs to mainstream delivery institutions in such areas as housing, education, health, policing etc. This guide is intended to strengthen the level of participation and partnerships by ethno-specific agencies within the larger society and at the same time ensure a greater awareness and responsiveness to the needs of diverse clientele by mainstream service deliverers. (Recommended:$12,000.00).

(40) Silayan Community Centre founded in 1979 is a social service agency delivering immigrant settlement programs primarily to the Filipino community throughout Toronto. They are seeking funds to provide educational workshops for service providers entitled "Demystifying Some Generalizations about Filipinos". Community workers from shelters, service agencies, social workers from the Children's Aid Society, probation officers etc., will be invited to learn about the culture of their Filipino clients as well as their social, economic and family situations. (Recommended: $6,000.00).

(41) Skills for Change, incorporated in 1982, primarily assists immigrant and refugees to gain employment. It seeks funding to conduct action research with foreign-trained tradespersons to identify barriers to their social and economic integration. Up to 50 tradespersons will participate in a survey and/or focus group which will start with an anthology of individual stories. This project will attempt to document the systemic barriers to the recognition of prior learning and credential; record attempts and obstacles to obtaining employment commensurate with skills, and explore options for institutional change. (Recommended: $5,000.00).

(42) Somali Committee for Racial Justice (Trustee: Somaliland Canadian Society of Metro Toronto) incorporated in 1998 assists the settlement and post-settlement services of Somali immigrants in Toronto and vicinity. Their services include general counselling, referrals, job search techniques, assisting refugee claimants, community development programs, advocacy, cultural events, etc. They are seeking funding to develop and deliver workshops to educate the Somali community about racism and systemic discrimination. The overall objectives are to provide the community with information and resources that will help them respond appropriately and to promote mutual dialogue and understanding among diverse communities in Toronto. (Recommended: $3,500.00).

(43) Somali Community Information Centre, incorporated in 1997, was established to advance the interests of the Somali community in Etobicoke. Financial assistance is requested to conduct four workshops covering issues which are of particular importance to visible minorities. The topics of these workshops are hate motivated crime, policing and security, race relations, discrimination and access to services. These workshops will target refugees, immigrants, Muslims and Somalis. (Recommended: $3,500.00).

(44) Somali Youth Association of Toronto, incorporated in 1992, provides young people information on existing services in relation to different settlement issues. The mandate of the organization is to educate young Somalis to rely on themselves and to mobilize the community to bring their efforts, resources and expertise together in order to provide Somali youth with the information they need to excel in education. They are seeking funding to design and deliver a series of workshops on racism, discrimination and related subjects geared to Somali youth. (Recommended: $6,000.00).

(45) Spirit of People - Applied for a "Canoe Project". The application was forwarded to the Recreational Grant Program where it is being recommended for funding.

(46) Sudanese Community Association formed in May 1995. It is seeking seed money to organize the community and to provide an avenue for the enhancement of Sudanese culture and heritage, the development of positive values and to identify the growing needs of the community. Many research projects have identified that African communities suffer from the highest levels of unemployment and this initiative is to attract Sudanese Canadians to articulate their needs and problem solve through collective efforts. (Recommended: $6,000.00 seed money).

(47) Tamil Anti-Racism Committee (Trustee: Tamil Eelam Society of Canada) is a coalition of Tamil organizations established to address the discrimination and racial violence the community is experiencing. They are requesting funding to conduct monthly discussions on anti-hate and racism activities, a public forum, two workshops and a training session for volunteers. Activities will include continuing a dialogue with the police regarding racial stereotyping of Tamils and networking with other ethnic groups in Toronto regarding their progress in fighting hate activities. (Recommended: $8,000.00).

(48) The 519 Church Street Community Centre was established in 1975 and serves many communities within downtown Toronto including the homeless, families, gays and lesbians, people with addictions, seniors, and developmentally handicapped adults. The organization seeks funds to continue the Victim Assistance Program, which provides support to victims of hate-motivated violence based primarily on sexual and/or gender orientation. It will provide assistance to victims of gay and lesbian bashing, document incidents, liaise with the police and other institutions, produce an annual audit of document incidents. (Recommended: $14,000.00).

(49) Toronto Community Training and Social Services (Mothers Against Poverty), incorporated in 1994, provides sole support families and individuals on social assistance help in obtaining employment or co-operative home businesses. They also provide the children of these families with homework and meal club. They are seeking funds to conduct a project to identify co-ordinate, develop and build the capacity of African-Canadian community-based agencies to deliver teen leadership training. This project will involve a series of workshops for youth program leaders and coordinators of four African-Canadian organizations, addressing the following issues: civic engagement, racism and community leadership. (Recommended: $5,000.00).

Condition: Agency needs to submit an audited financial statement or obtain a trustee and submit a signed trustee agreement form to the Access and Equity Unit.

(50) Toronto Youth for Christ, incorporated in 1995, assists young people in attaining their full life potential through a personal relationship with Jesus Christ. They are seeking funds to develop a Youth Café Outreach Centre in Markham. This Centre will provide opportunities and space for youth to congregate and voice their concerns, develop young artists potential, and provide opportunity for employment. This Centre will also be open to all youth. (Not Recommended: The Centre's services appear to be catered to youth in Markham and does not meet Access and Equity grants program criteria).

(51) Transportation Action Now Inc. founded in 1994, promotes accessible transportation for everyone in Ontario, to ensure independence and full participation in society for seniors and people with disabilities and to ensure accessible transit services are comparable to the general public. They seek funds to expand their capacity to provide support on accessible transportation for seniors and people with disabilities in Toronto. This project will focus on assisting the development of an accessible transportation policy, a City Parking By-Law for disabled drivers. This project will also involve a seminar on accessible transportation in February 2000. (Recommended: $5,500.00).

(52) Unemployed Professional African Women Association (UPAWA), incorporated in 1993 works to find permanent solutions to professional African men and women's unemployment, to lobby and advocate for change, to conduct workshops and to build a support system for unemployed African men and women. UPAWA is seeking funds to utilize video and literature as a means to examine and document cases of discrimination in employment against Black African immigrants in Toronto. They are currently being funded to develop a video that will profile selected cases. The outcome of this project will be used as a basis for UPAWA to set-up an "Anti-Black African Unfair Employment Practices Help Desk". The target audience for this project will be black African workers and their families, employers, employment agencies, social service agencies, and social workers. (Recommended: $5,000.00).

(53) Urban Alliance on Race Relations, incorporated in 1975, is an educational and advocacy organization. It uses social science research, community development and public education to promote racial harmony in Toronto. It seeks funds for its ongoing activities, as well as, to conduct a three-year educational and civic initiative entitled "Youth for Diversity". This will involve public forums that will attempt to engage service providers and community volunteers in youth violence and issues of diversity within and between ethnic-racial communities. As well anti-racism kits will be developed offering information and practical lessons about racism, and race-related matters to staff and youth at all partnered agencies. (Recommended: $35,000.00). The funding level reflects operational support.

(54) Vietnamese Association of Toronto incorporated in 1979 assists Vietnamese immigrants to integrate and participate in Canadian society. It promotes harmonious relationships within the community's diversity and supports the preservation of the Vietnamese culture. This organization seeks funds to develop a project to address the critical issues pertaining to access and equity in the Vietnamese community and will focus on racism in the media, criminal justice and school system, hate activity, employment equity, policing issues and racial discrimination. (Recommended: $3,500.00).

(55) Whyy Mee Family Counselling Foundation of Metropolitan Toronto, incorporated in 1989, is an organization that assists individuals who have come in contact with the criminal justice system for a variety of reasons. It also provides support to their families. Whyy Mee seeks funding to promote awareness and the need to eradicate anti-hate and violence among individuals by conducting a series of workshops. They are targeting these workshops to African, Caribbean, ethno-racial communities, and those who seek their services. (Recommended: $3,500.00).

(56) Women Working with Immigrant Women was formed in 1974 to provide a forum for women and agencies working with immigrant and refugee women of colour to exchange ideas, share information, develop a support network and promote the development of new skills. This organization seeks funding to conduct a project that will work towards eliminating barriers that keep Muslim women out of the manufacturing sector based on their vestimentary appearance. This will involve a series of workshops and the development of educational materials. (Recommended: $7,000.00).

(57) Working Skills Centre was incorporated in 1980 to provide immigrant women with opportunities to develop additional skills and upgrade qualifications, to receive assistance in overcoming social, economic and political barriers to integration and to provide programs that lead to economic self sufficiency. They are seeking funding to conduct a project entitled "New Ethnic Work Strategy". This project will assist immigrant women in developing their writing and language skills. The women will write articles on issues impacting their lives for a monthly news column. The public education component involves the production of these articles in eight languages for various ethnic community newspapers. (Recommended: $8,000.00).

Condition: Agency is required to increase its volunteer base.

(58) Youth and Women 2000 (Trustee: Canadian League of African Women), founded in 1995 is an organization which serves French African youth and women and the French Caribbean community in general. They seek funding to provide training to Board members and volunteers involved in delivering services to the French community, to enhance their knowledge in the following areas: anti-racism, human rights, sexual orientation, equal access to services, community development, hate activity and appropriate response. (Not Recommended: The organization has not responded to requests to complete the application package. In addition, the organization is located in Oakville which is not within the boundaries of the City of Toronto).

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Ms. Lisa Cherniak, Artists Against Racism, appeared before the Administration Committee in connection with the foregoing matter, and filed a written submission in regard thereto.

Mr. Phillip Tsui, President, Chinese Canadian National Council, Toronto Chapter; and Mr. Ali Mohamud, Dejinta Beesha, who were unable to remain for the duration of the meeting, filed written submissions in connection with the foregoing matter.

8

Proposed Transfer of CN Land North of Fort York

to the City of Toronto (Ward 20 - Trinity Niagara)

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 28, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To propose that Council request the Minister of Transport to assist in expediting the transfer of surplus CN land on the north side of Fort York to the City to enhance the context of the Fort and its connections to the rest of the city.

Source of Funds:

Not applicable.

Recommendation:

It is recommended that City Council request the Minister of Transport to assist in expediting the transfer of surplus CN land on the north side of Fort York to the City of Toronto.

Background:

City Council, at its June 10, 1999 meeting, adopted a motion from Councillor Pantalone that staff report on what lands west of Bathurst Street and north of Fort York are not needed for railway purposes and can be conveyed for park purposes attached to the Fort York Historical District.

In addition, Councillor Pantalone has asked staff to report on the possibility of including the surplus rail lands north of Fort York in the purchase of Union Station and related Toronto Terminal Railway lands.

Comments:

(1) Surplus Land North of Fort York:

Fort York is the birthplace of Toronto and is a nationally designated historic monument. It has been hidden by rail corridors and the Gardiner Expressway and had its original site reduced by the encroachment of railways and other development over time.

CN staff have advised City Planning staff that there is a significant piece of land surplus to railway needs on the north side of Fort York, approximately as shown on the attached map. CN staff have met with City Planning and Heritage Toronto staff to establish a process for transferring the land to the City. CN requires a 35 foot setback from the southern rail of the main line for technical and security reasons and have asked the City to prepare mapping to indicate the exact land parcel to be transferred.

The transfer of these surplus rail lands on the north side of the Fort would:

(i) increase the size of the Fort's grounds;

(ii) help restore some of the Fort's original topography on its north side;

(iii) provide some of the area needed to restore the Fort's northern walls and battlements in their original locations;

(iv) provide the space needed to run a trail along the north side of Fort York to connect to the Railway Lands linear park under the Bathurst Street Bridge and to the park land to the west; and

(v) provide land for an approach to a pedestrian and cycling bridge across the rail corridor to connect the Niagara neighbourhood to the Fort's grounds and to the waterfront trails system.

(2) Incorporating the Transfer of Land to Fort York into the Union Station and Toronto Terminal Railways Land (TTR) Purchase Agreement:

Adding the Fort York lands to the Union Station and TTR lands transfer to the City is not feasible. The Union Station/TTR lands negotiations are complete and the agreement is drafted. CN has advised that it is not willing to amend the purchase agreement to include the lands north of Fort York.

Conclusion:

The transfer to the City of the CN land immediately north of Fort York, which has been determined by the Railway to be surplus to its needs, would enhance the grounds of Fort York and the potential to make connections to the Fort York grounds from parks and neighbourhoods, east, west and north of the Fort.

City Council should request the Minister of Transport to assist in expediting the transfer of these surplus lands to the City for their inclusion in the Fort York Historical District.

Contact Name:

Ian Cooper, Phone 392-7572, Fax 392-1330, E-mail icooper@toronto.ca

(A copy of the map attached to the foregoing report was forwarded to all Member of Council with the July 13, 1999, agenda of the Administration Committee and a copy thereof is also on file in the office of the City Clerk.)

9

Proposed Land Exchange - South-West Corner of

Eglinton Avenue West and Black Creek Drive

(Ward 27 - York Humber)

(City Council on July 27, 28, 29 and 30, 1999, adopted the following recommendation:

"It is recommended that the joint report dated June 22, 1999, from the Chief Administrative Officer and the Acting Commissioner of Corporate Services, be adopted.")

The Administration Committee:

(1) submits, without recommendation, the following joint report (June 22, 1999) from the Chief Administrative Officer and the Acting Commissioner of Corporate Services; and

(2) reports having requested the Chief General Manager, Toronto Transit Commission, to submit comments thereon directly to Council for its meeting scheduled to be held on July 27, 1999:

Purpose:

To authorize the exchange of portions of former public highways for privately held lands near the south-west corner of Eglinton Avenue West and Black Creek Drive.

Financial Implications:

The exchange of lands will be on an equal value basis with each party being responsible for its own legal and closing costs.

Recommendations:

It is recommended that:

(1) whereas the portions of Keelesdale Road and Photography Drive forming part of the proposed land exchange having been declared surplus to municipal requirements, staff proceed with the exchange of lands with Rutledge Development Corporation (the developer), or its permitted assigns, at the south-west quadrant of the intersection of Eglinton Avenue West and Black Creek Drive, based on the following terms and conditions, together with any others deemed appropriate by the City's solicitors to protect the City's interests:

(a) the land exchange proceed for a nominal sum of $1.00;

(b) the acquisition by the City of Areas 4, 5, 6 and 7 on Plan SYE2917 subject to an access easement for the developer;

(c) the conveyance by the City of Areas 1, 2, and 3 on Plan SYE2917 subject to the reservation of necessary easements for municipal services and public utilities, and the grant of an access easement to the developer across parts of Area 8 on Plan SYE2917;

(d) permission to enter and occupy the future transit way facility lands be granted to the developer during the construction phase of the project together with permission for the developer to proceed with any environmental testing and remediation work on lands owned or to be owned by the City, and for purposes of constructing the access road, provided the developer indemnifies and holds the City harmless from any losses, damages, claims or suits;

(e) both parties to be responsible for their own closing and legal costs;

(f) the developer to provide a survey of the lands being conveyed to and by the City;

(g) the developer to be responsible for any required cleanup of the lands and the developer to provide the City with evidence from its environmental consultants satisfactory to the Executive Director of Facilities & Real Estate that the lands being conveyed to the City meet the Ministry of Environment and Energy guidelines for commercial/industrial use, and in the event the lands are not cleaned up prior to the land exchange, the developer shall enter into a financially secured agreement with the City to ensure the clean up of the lands; and

(h) a "release" of the 1992 Memorandum of Understanding between the City, Dumez Real Estate North America Inc. and the Ministry of Transportation of Ontario be executed.

(2) the Chief Administrative Officer and the Acting Commissioner Corporate Services or the Executive Director of Facilities and Real Estate be authorized to execute any necessary agreements, and/or amendments or extensions related thereto; and

(3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

At its meeting on March 2, 3, and 4, 1999, City Council adopted Clause No. 13 contained in Report No. 2 of The Corporate Services Committee which recommended that:

"(1) Staff proceed in consultation with Ward Councillors, with negotiations involving the Ministry of Transportation of Ontario and Rutledge Development Corporation with a view to formalizing terms and conditions for the exchange of lands in the York City Centre area, and report back in due course;

(2) notice of intent to declare surplus be issued, and staff initiate the process to stop-up, close, and convey those portions of the public highways known as Keelesdale Road and Photography Drive, intended to be included in the proposed land exchange, in the south-west quadrant of Eglinton Avenue west and Black Creek Drive;

(3) as part of the process, the Rutledge Development Corporation together with appropriate staff and Ward councillors, be requested to consult with the York City Centre Citizens Committee, the Mount Dennis Ratepayers, the Mount Dennis BIA, the Eglinton and Keele BIA, Roseland Ratepayers and a representative of Brownville Avenue; and

(4) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto."

In April of 1992, the former City of York (York) entered into a Memorandum of Understanding (MOU) with the Province of Ontario represented by the Ministry of Transportation of Ontario (MTO) and the Minister Responsible for Greater Toronto (both hereinafter referred to as the Province), and Dumez Real Estate North America Inc. (DRENA).

York's desire was to encourage the development of the lands at the intersection of Black Creek Drive and Eglinton Avenue West for the purposes of a city centre.

DRENA, the Province, and York as owners of lands in the south-west quadrant of Black Creek Drive and Eglinton Avenue West were desirous of participating in the development of such lands as the first phase of the York City Centre.

The purpose of the MOU was to set forth the land transactions necessary to facilitate the development of the first phase of the York City Centre and to ensure that such development proceeds as a mixed-use development and in a manner consistent with York's objectives of ensuring the creation of the York City Centre and implementing the provisions of Official Plan Amendment 98.

Pursuant to an Agreement of Purchase and Sale, Mr. H. Scott Rutledge, principal of Rutledge Development Corporation (RUDEVCO), now has control of the DRENA holdings that were subject to the MOU.

Whereas a number of conditions of the MOU were not satisfied, legal advice from City Legal staff dated September 21, 1998, stated the following:

"If DRENA has contracted for the sale of their holdings to a purchaser who is interested in a development in the south-west quadrant, it would be best if the purchaser had discussions with the City and the Province with a view to arriving at a renewed MOU or land exchange agreement."

It is noted that York Community Council held a statutory public meeting on June 22, 1999, and reports for the information of Council having:

"(i) held a statutory public meeting on June 22, 1999, in accordance with Section 34 of the Planning Act, and that appropriate notice of this meeting was given in accordance with the Planning Act and regulations thereunder;

(2) referred the request of the Rutledge Development Corporation that any surplus from the exchange of lands with the City, be applied as a credit towards the two percent cash-in-lieu of parkland calculation and/or other municipal charges to ensure an equal value exchange, to the Administration Committee for consideration on July 13, 1999; and

(iii) requested the Director, Community Planning, West District, to consult with the Police at the Site Plan process stage, with a view to the Police undertaking a safety audit."

Comments:

(1) Site Ownership:

The York City Centre - Phase One site is located on a 4.74 hectare (11.7 acre) triangular parcel of the land bounded to the east by Black Creek Drive, to the north by Eglinton Avenue West, and to the south-west by the CNR/CPR railway corridor. A location map is attached.

GM Gest, a Lyonnaise des Eaux-Dumez subsidiary, owned the central part of the triangle since the early 1950's. The remaining lands are owned by the Province of Ontario, Ministry of Transportation and the local roads by the City of York. Prior to GM Gest's ownership, the site was used by the municipality as a granular borrow source and subsequently as a landfill site.

Downtown York Development, a holding company owned through Dumez Immobilier and managed by DRENA, purchased the GM Gest lands in December 1989 in order to develop the York City Centre - Phase One.

In April 1992, DRENA executed a land exchange agreement (Memorandum of Understanding - MOU) with the Ministry of Transportation for Ontario and the City of York. This agreement provides for a reconfiguration of the land holdings to allow for the development of a gateway transit station, one million square feet of commercial premises, and 850 residential condominiums. The agreement also provides for the joint servicing of the site and removal of landfill by DRENA and the Ministry of Transportation.

(2) Landfill History:

The Landfill History is paraphrased from the Environmental and Geotechnical Assessment by Bruce A. Brown Associates Limited dated April 1990.

"From the available information, it appears this site was originally used as a granular borrow source. There is no record of the duration of borrow activities, however, historic air photos dating from 1947 onward suggest that no significant volumes of landfill were placed prior to 1947. The Granular "C" sand was not completely exhausted, however, borrow limits may have been confined by the adjacent Canadian Pacific Railway line. Landfilling operations extended from 1949 to 1950 to late 1953, or early 1954. The photographs indicate landfilling by 1950 and certain completion of filling by 1954.

Conversations with Gest personnel also confirms that landfill activities were terminated by about 1954, at which time the fill was enclosed with a granular cover. Further discussions with Gest personnel indicate that Gest covered the site with an additional lift of granular fill and extended southward the use of the site as a contractor's yard. Some of the array of small buildings on the north part of the site pre-date the 1947 earliest available air photograph and the balance was constructed in 1948 and 1949. The most northern was demolished in 1966 for the Eglinton Avenue grade separations. The first evidence of occupation of more intensive land use in the contractor's yard was found on the 1956 aerial photographs which includes the largest of the Gest buildings. The site continued to be used by Gest who installed underground fuel tanks and constructed the buildings which have since been demolished."

(3) RUDEVCO Proposal:

RUDEVCO are proposing to acquire certain lands from MTO and from the City in order to end up with a developable site. The various parcels, subject to the present fractured ownership, have limited development potential. The assembly proposed by RUDEVCO would result in a realignment of ownership intended to create development opportunities of a mixed-use nature. RUDEVCO would be responsible for any land clean-up required because of the former landfill use to the extent required to meet applicable guidelines.

The land exchange proposal submitted by RUDEVCO, as shown on the attached Plan SYE2917, provides that RUDEVCO would acquire Areas 5 and 6 on attached Appendix "A" from MTO, and together with Areas 4 and 7, deed those lands to the City in return for the lands within the boundaries of the former Keelesdale Road right-of-way shown as Area 1 and Areas 2 and 3 being part of the Photography Drive right-of-way.

It is also noted that RUDEVCO may be interested in acquiring a small parcel of City-owned land near the south-west corner of Black Creek drive and Photography Drive which abuts a parcel it is acquiring from MTO. As this land has limited utility and is a maintenance liability this interest of RUDEVCO will be pursued and reported in due course should RUDEVCO's interest be maintained.

The revised RUDEVCO development proposal now contains only two components; commercial/retail, and a future transportation facility. The commercial component will comprise a retail project consisting of a supermarket and a future one-storey commercial building generating a total area of 9,300 square metres (100,000 sq. ft.). A residential component that would have comprised approximately 150 units has now been deleted.

A possible future transportation facility will be located on the block intended to be under City ownership to be created by virtue of the proposed land exchange. As mentioned earlier, RUDEVCO would be responsible for any required environmental clean-up of the land included in the exchange to meet applicable MOEE guidelines for the intended use. A copy of the revised site plan is attached.

RUDEVCO has submitted an application to rezone the land. Future development of the lands will be subject to a site plan control application.

This report is not intended to comment on planning issues in any great detail. However, for purposes of information, the Official Plan calls for mixed-use development. The zoning for the property is regulated under Section 336 of Zoning By-law 1-83 of the former City of York. The Official Plan and Zoning By-law amendments being proposed, O.P. Sections 21.8J(1b(i)) and 21.8M(2) and Zoning By-law 1-83 Section 16(336), are of a site-specific nature pertaining to, among other things; reconfiguration of the Blocks, changes in phasing, changes in vehicular access, and so on.

According to the Planning Report dated June 3, 1999, the proposal will result in the following Blocks:

Building Lot

Block Use Area Area

A Retail 9,300 sq. m. 3.0 ha (7.5 acres)

(100,000 sq.ft.)

B Transitway Facility 0.9 ha (2.1 acres)

C Surplus MTO land 0.166 ha (0.41 ac.)

The Blocks are shown on the attached plan. Block C located at the southwest corner of Photography Drive and Black Creek Drive is surplus to MTO.

RUDEVCO's revised concept was presented to members of the York Community Council, as well as to the local BIA and ratepayers at a public meeting held on June 22, 1999, at the York Civic Centre. There has been ample opportunity for public input into the land use issues related to the proposal. No objections to the proposal were received.

The requirements for the proposed transit facility were confirmed in consultation with staff of Urban Planning and Development Services and Works and Emergency Services, TTC, and GO Transit.

The public notice required to proceed with the stopping-up, closing, and sale of the roads, and notice of intent to sell, were published pursuant to Municipal Act requirements and no objections were received.

It is noted that, relative to York Community Council item (ii) set out in the background portion of this report, staff have maintained the position that the exchange of lands as set out in this report is on an equal value basis. RUDEVCO has now decided to withdraw its request that any surplus for the exchange of lands with the City, be applied as a credit towards the two percent cash-in-lieu of parkland calculation and/or other municipal charges.

Conclusion:

Extensive consultation was conducted with all interested parties and there is a consensus of support for the proposal.

The land exchange will allow for a rationalization of property holdings creating a viable retail development site and providing for a future transit facility while allowing for potential future intensification of development if market conditions permit.

Corporate Services staff should be authorized to proceed with the land exchange based on the terms and conditions outlined in this report together with any other terms and conditions deemed appropriate by the City's solicitors to protect the City's interests.

Contact Name:

Francois (Frank) G. Bedard, Manager, Realty Services, Etobicoke-York Districts

Telephone: (416) 392-1256; Fax No.: (416) 392-1880.

The Administration Committee submits the following communication (June 28, 1999) from the City Clerk, York Community Council:

Recommendation:

The York Community Council on June 22, 1999, recommended to the Administration Committee that consideration be given to the request from Rutledge Development Corporation that:

(1) any surplus from the exchange of lands with the City, be applied as a credit towards the two percent cash-in-lieu of parkland calculation; and

(2) credit for any other municipal charges be applied to ensure an equal value exchange.

The York Community Council reports, for the information of the Administration Committee, having:

(1) recommended to City Council that:

(a) based on the findings of fact, conclusions and recommendations contained in the Supplementary report dated June 18, 1999, and the Planning report dated June 3, 1999, from the Director, Community Planning, West District, and for the reason that the proposal is an appropriate use of lands, that the Official Plan and Zoning By-law Amendment Application submitted by Rutledge Development Corporation be approved, subject to the conditions outlined in the referenced report;

(b) notwithstanding Planning staff reports, that City Council maintain its current position of a GO Transit facility at Black Creek Drive and Eglinton Avenue West, on the prioritized list of proposed GO Stations in the City of Toronto; and

(c) the Toronto Transit Commission be requested to provide appropriate greening and maintenance of the lands at the north-west section of the site;

(2) requested the Administration Committee to consider on July 13, 1999, the request from Rutledge Development Corporation that any surplus from the exchange of lands with City, be applied as a credit towards the 2 percent cash-in-lieu of parkland calculation and/or other municipal charges to ensure an equal value exchange; and

(3) requested the Director, Community Planning, West District, to consult with the Police at the Site Plan process stage, with a view to the Police undertaking a safety audit.

Background:

The York Community Council had before it the following reports and communication:

- (June 18, 1999) Supplementary Report from the Director, Community Planning, West District;

- (June 3, 1999) Planning report from the Director, Community Planning, West District;

- (June 17, 1999) from Mr. H. Scott Rutledge, President, Rutledge Development Corporation; and

- (June 22, 1999) from Mr. Rick Pennycooke, President, Lakeshore Town Planning Consultants.

The following persons appeared before the Community Council in connection with the foregoing matter:

- Mr. Scott Rutledge, President, Rutledge Development Corporation;

- Mr. Clement Messer, Planning Consultant, The Lakeshore Group;

- Mr. Karl Stankov, West Fairbank Ratepayers Association;

- Mr. Lorne Berg, Executive Director, Black Creek Business Area Association; and

- Ms. Marjorie Sutton, Mt. Dennis Community Association and Chair of the Black Creek

Advisory Committee.

(A copy of:

(1) the maps attached to the foregoing joint report (June 22, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services; and

(2) the attachments to the communication (June 28, 1999) from the City Clerk, York Community Council,

was forwarded to all Members of Council with the July 13, 1999, agenda of the Administration Committee and a copy thereof is also on file in the office of the City Clerk.)

--------

Councillor Howard Moscoe, North York Spadina, appeared before the Administration Committee in connection with the foregoing matter.

(City Council on July 27, 28, 29 and 30, 1999, had before it, during consideration of the foregoing Clause, the following communication (July 20, 1999) from Councillor Howard Moscoe, Chair, Toronto Transit Commission:

At my request, Administration Committee, at its meeting on July 13, 1999, agreed to submit a joint staff report, dated June 22, 1999 from the Chief Administrative Officer and the Commissioner of Corporate Services, to Council without recommendation. This joint report deals with a proposed land exchange to secure property for a future subway station at Black Creek Drive and Eglinton Avenue, as well as to facilitate immediate development of other lands on the south-west corner of the subject intersection. I had asked that TTC staff provide comments on the proposed land exchange directly to Council for consideration with this item.

After further review of this matter with TTC staff, I now withdraw my previous comments and concerns, which I had put forward at Administration Committee, about this proposed land exchange. I fully support the original recommendations in the joint staff report and recommend that Council approve the land exchange as proposed in that report.)

10

114 Bernard Avenue - Encroachment Agreement

(Ward 23 - Midtown)

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 23, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services:

Purpose:

To obtain approval to enter into an encroachment agreement with the owners of 114 Bernard Avenue respecting the garage encroachments within City property.

Financial Implications:

If approved, the standard fee of $350.00 will be received.

Recommendation:

It is recommended that approval be given to enter into an encroachment agreement with the owners of 114 Bernard Avenue for the encumbrances on PART 2, Plan D-905 upon such terms and conditions that the City Solicitor and the Acting Commissioner of Corporate Services shall deem necessary in the interests of the City, including indemnifying the City against all actions, suits, claims or demands and from all loss, costs, damages, charges and expenses from such encroachment agreement being granted.

Background:

The former City of Toronto Council, at its meeting on April 6, 1987, authorized the expropriation of a private lane system within the block bounded by Madison Avenue, Bernard Avenue, Huron Street and Dupont Street for public lane purposes [ECR No. 11(33)]. Plan of Expropriation D-905 was registered on May 14, 1987. On January 11, 1988, the former Toronto Council passed By-law No. 90-88 dedicating the unencumbered portions of the expropriated lands for public lane purposes. PART 2 was excluded from the dedication by-law as it is completely encumbered by a portion of brick wall, a window sill and eavestrough of the garage situate at the rear of 114 Bernard Avenue.

Comments:

The solicitor for new owners of 114 Bernard Avenue has advised that as a condition of mortgage approval the financial institution requires his clients to enter into an encroachment agreement with the City with respect to the encumbrances set out as PART 2 on Expropriation Plan D-905. He has confirmed that his clients are prepared to execute the required documents and to the pay City's fee of $350.00 plus GST and disbursements, including the cost to register the document in Land Titles.

Conclusion:

The request to enter into an encroachment agreement with the owners of 114 Bernard Avenue for the encumbrances on PART 2, Plan D-905 is reasonable and approval should be granted.

Contact Name:

Carla Inglis, Facilities and Real Estate, 392-7212, Fax 392-1880, cinglis@toronto.ca.

(A copy of the maps attached to the foregoing joint report was forwarded to all Members of Council with the July 13, 1999, agenda of the Administration Committee and a copy thereof is also on file in the office of the City Clerk.)

11

Lien for Repairs - 433 Wellesley Street East

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 7, 1999) from the Commissioner of Urban Planning and Development Services:

Purpose:

To approve the total expenditure of $5,875.73 to be paid to Trio Roofing Systems Inc. and AAA Wildlife Control, for work undertaken to carry out repairs necessary to address Property Standards By-law deficiencies as cited in outstanding orders issued to the property owner, such costs to be applied, with interest, to the tax rolls and collected in the same manner as real property taxes.

Funding Sources, Financial Implications and Impact Statement:

- Funding Source - Account Number 1000-31230-107731 (Urgent Hazard).

- There would be no financial implication in this matter as the costs associated with the repairs to the premises are added to the owner's tax account.

Recommendation:

It is recommended that:

(1) the lowest quotations submitted by Trio Roofing Systems Inc. and AAA Wildlife Control at the total cost of $5,875.73 be accepted;

(2) the total amount expended by the City in making the required repairs plus an administration fee of 10 percent of such amount be added to the collector's roll and collected in the same manner as real property taxes for the year in which the work is completed and until it is so added, shall bear an interest rate of 9 per cent per annum; and

(3) a one year period be permitted for the recovery of money expended.

Authority:

Subsection 6 of Section 6 of the City of Toronto Act, 1936, as amended.

Background:

433 Wellesley Street East is a vacant semi-detached house which shares a common attic space with 435 Wellesley Street East. Over a period of years, we have received numerous complaints regarding the condition of this building. Openings in the soffit as well as a flat roof that is not weathertight, missing eavestroughing, and missing siding represented the most serious defects. Access by squirrels and raccoons into the attic space through holes in the soffit has been of considerable concern to adjoining property owners at 435 Wellesley Street East.

After the issuance of numerous orders, and the owner's failure to carry out the necessary repairs, the required repair work was tendered and the work was carried out by the approved City contractors, Trio Roofing Systems Inc. and AAA Wildlife Control.

Conclusion:

The work was undertaken during the weekend of May 15, 1999, and due to the urgency, without City Council's authorization in advance, as the legislation requires. I am now reporting this matter in order to receive authorization to pay the contractor and apply the appropriate costs to the subject property taxes.

Contact Name and Telephone Number:

Murray R. Smith, Acting Assistant Manager, Inspections, South District

Telephone: (416) 392-0827.

12

Proposal to Sell City-Owned Land

at 170 Plewes Road

(Ward 8 - North York Spadina)

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the recommendations of the Administration Committee embodied in the confidential communication (July 13, 1999) from the City Clerk, respecting a proposal to sell City-Owned land, which was forwarded to Members of Council under confidential cover.

Councillor Howard Moscoe, North York Spadina, appeared before the Administration Committee in connection with the foregoing matter.

(City Council on July 27, 28, 29 and 30, 1999, had before it, during consideration of the foregoing Clause the following confidential communication (July 13, 1999) from the City Clerk:

Recommendation:

The Administration Committee recommends the adoption of the confidential joint report (June 25, 1999) from the Chief Administrative Officer, the Acting Commissioner of Corporate Services, the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Works and Emergency Services, subject to:

(A) Council deferring consideration of Recommendation No. (1) until the meeting of the Administration Committee scheduled to be held in October, 1999;

(B) amending Recommendation No. (2) to read as follows:

"(2) Council authorize staff, in consultation with the respective Ward Councillors to enter into negotiations with Bombardier Aerospace with a view to facilitating plant expansion in a manner that takes into account the needs of the surrounding community;" and

(C) amending Recommendation No. (4) to read as follows:

"(4) the City of Toronto be requested to develop at Bombardier Aerospace's expense, a plan satisfactory to the Commissioner of Works and Emergency Services for dealing with the traffic impact on the neighbouring community and for the development of this site and the community, and Ward Councillors be consulted in the development of this plan.

Background:

The Administration Committee at its in camera meeting on July 13, 1999, had before it a joint confidential report (June 25, 1999) from the Chief Administrative Officer, the Acting Commissioner of Corporate Services, the Commissioner of Economic Development, Culture and Tourism and the Commissioner of Works and Emergency Services, recommending that:

(1) Council declare the subject property surplus to the City's requirements and provide notice of its intent to dispose of the lands in accordance with By-law No. 551-1998;

(2) Council authorize staff to enter into negotiations with Bombardier Aerospace for the sale of the lands at 170 Plewes Road at fair market value, and report back thereon;

(3) as part of the report on the negotiations, the Commissioner of Works and Emergency Services advise as to the amount of funds to be assigned from the sale of 170 Plewes Road to undertake the necessary renovations and repairs to relocate the North District Road Operations to the Murray Yard, prior to the transfer of ownership;

(4) Bombardier Aerospace be requested to develop a plan, satisfactory to the Commissioner of Works and Emergency Services, for dealing with the traffic impact on the neighbouring community for the development of this site; and

(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Councillor Howard Moscoe, North York Spadina, appeared before the Administration Committee in connection with the foregoing matter.)

(City Council also had before it, during consideration of the foregoing Clause the following confidential joint report (June 25, 1999) from the Chief Administrative Officer and the Acting Commissioner of Corporate Services, the Commissioner of Economic Development, Culture and Tourism, and the Commissioner of Works and Emergency Services addressed to the Administration Committee referred to above:

Purpose:

This report is to advise Council of a proposal to sell approximately a 3.5 acre site at 170 Plewes Road (Plewes Yard) to Bombardier Aerospace at fair market value. Bombardier has requested this conveyance in order to assist their senior management in positioning de Havilland more competitively in the aerospace sector and attracting more long term investment and employment to Toronto.

Financial Implications:

Revenue of approximately $900,000.00 will be generated by the sale of this property, less $50,000.00 - $100,000.00 for relocation/renovation costs for the Roads Operation of the Transportation Division.

Recommendations:

It is recommended that:

(1) Council declare the subject property surplus to the City's requirements and provide notice of its intent to dispose of the lands in accordance with By-law No. 551-1998;

(2) Council authorize staff to enter into negotiations with Bombardier Aerospace for the sale of the lands at 170 Plewes Road at fair market value, and report back thereon;

(3) as part of the report on the negotiations, the Commissioner of Works and Emergency Services advise as to the amount of funds to be assigned from the sale of 170 Plewes Road to undertake the necessary renovations and repairs to relocate the North District Road Operations to the Murray Yard, prior to the transfer of ownership;

(4) Bombardier Aerospace be requested to develop a plan, satisfactory to the Commissioner of Works and Emergency Services, for dealing with the traffic impact on the neighbouring community for the development of this site; and

(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Background:

(1) Subject Lands:

The Plewes Yard (170 Plewes Road) is located just south of de Havilland (at Downsview) and adjacent to the Murray Yard. The entire site including both the Murray Yard and the Plewes Yard is approximately 8.9 acres in size. The land proposed to be sold (Plewes Yard) has a site area of approximately 3.5 acres, subject to survey and final definition of limits. A one-storey brick office, garage and a metal clad service/storage garage are located on the site.

(2) Meetings with de Havilland:

In April of 1999, Economic Development staff was made aware of Bombardier's interest in purchasing additional land south of their site to accommodate a training centre, daycare facility, fitness centre and additional parking. Employment at de Havilland has increased from 2,500 in 1992, when Bombardier acquired de Havilland from Boeing, to over 5,000 today. The need for a facility to conduct both classroom and technical training has emerged as the top priority for the acquisition of this site. In addition, the growth in employment has created parking issues and has increased traffic congestion because of limited space. The parking issues and traffic congestion have had a negative impact on the stress levels and productivity of employees.

The benefits of a training facility and the additional parking that will be available to de Havilland through the sale of the Plewes Yard will improve the efficiency of de Havilland's operations and reduce the time/distance that employees currently walk to access the facility. The concern regarding traffic in the neighbouring residential community with the proposed acquisition of the Plewes Yard by Bombardier must be addressed as part of the sale process and in conjunction with the City through the development process.

The improvements proposed by senior management at de Havilland are essential to achieving heightened employee morale and productivity which, in turn, will have the greatest impact on their ability to attract new programs from their parent company in the future. Economic Development staff are also exploring other opportunities with senior levels of government to improve de Havilland's operations and further develop this key sector of Toronto's economy.

Comments:

(1) Disposition of the Plewes Yard:

The Plewes Road Yard currently accommodates the former Metro Transportation North District Road Operations and Stores. The Transportation Division reviewed its structure for Road Operations and determined that Road Operations could be properly managed in the District with three yards and that Road Operations at the Finch Yard should be relocated to the Plewes/Murray Yards.

The current Road Operations unit within the Plewes Yard has 30 staff. The Roads Operations at the Finch Yard consists of 39 staff who would be relocated to Plewes Yard. The current facilities at the Plewes Yard cannot accommodate 69 staff, therefore, the option to relocate Road Operations to the Murray Road Yard is seen as being a viable solution.

Currently, the Murray Road Yard houses a fleet garage and store facilities as well as Camp #2 of arterial roads winter operations. In order to relocate the Roads Operations to the Murray Road Yard, the Fleet Division at this yard would relocate to the Alness Yard. Under this scenario, the Plewes Road Yard and the adjacent stores compound would be surplus to the Transportation Division needs. A study on the costs of relocation/renovations is yet to be completed. The order of magnitude is estimated to be in the $50,000.00 - $100,000.00 range. This will be further investigated and more definitive costs will be reported back. The transfer of ownership of the Plewes Yard can be completed once the City's Roads Operations is transferred to a fully operational Murray Yard.

(2) Appraisal:

The Facilities and Real Estate Division of Corporate Services procured the services of Ray Hillesheim to prepare an appraisal estimating the current market value of 170 Plewes Road. The market value of the approximately 3.5 acres site has been estimated to be about $900,000.00 on a clean site basis.

(3) Future Opportunities:

Bombardier has announced the potential design and production of a new 90-100 seat jet known as the BRJX. Currently, the company is conducting a market feasibility study to determine the level of demand for this jet. A go-ahead for the BRJX program could be given as early as the end of this year.

No decision has been made as to where this aircraft would be manufactured or assembled, however, the current facilities in Montreal are at their maximum level of output and de Havilland at Downsview is a potential site for Bombardier to locate the BRJX program.

On May 13, 1999, City Council approved the formation of a strategic planning group to develop a strategic plan on lobbying key decision makers to attract new programs to de Havilland from their parent company.

The following Members of Council have been appointed to this group:

- the Mayor, or his designate;

- the Chair of the Economic Development Committee (Councillor Ashton);

- Councillor Brown;

- Councillor Moscoe; and

- Councillor Walker.

(4) Discussion:

A review of the Plewes Road Yard has led to the conclusion that the yard is no longer required for its existing use. Sites of this nature are normally subject to a formal review process to ascertain whether or not the site is required for other municipal purposes. Typically, such a review process will culminate in the Property Management Committee recommending through the Acting Commissioner of Corporate Services the disposal of the site if it is not required for municipal purposes. In view of the urgency around the Bombardier situation, we wish to expedite this site and recommend that it be declared surplus, staff be authorized to initiate negotiations with Bombardier and report back on the sale of the property at fair market value. This process is considered necessary in view of the economic developments that will be derived by the City of Toronto in facilitating de Havilland's efforts to position themselves more competitively in the aerospace sector and, by doing so, attracting more long term investment and employment to Toronto.

Conclusions:

It is important that City Council recognize the importance and significance of the aviation sector to Toronto's economy. City Council is being requested to authorize staff to negotiate with de Havilland for the sale of the subject property at fair market value in order to assist Bombardier Aerospace to position their de Havilland facility competitively and to attract new programs.

Contact Names:

Rudi Pestl Roberto Stopnicki

Tel: 392-1853 Tel: 395-7480

Bruce Graham Brenda Librecz

Tel: 392-3381 Tel: 397-4700)

13

Purchase of 155, 157, 159 and

161 Beatrice Street

(Ward 8 - Trinity-Niagara)

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the confidential report (June 28, 1999) from the President, Toronto Parking Authority, respecting the purchase of 155, 157, 159 and 161 Beatrice Street, which was forwarded to Members of Council under confidential cover, such report to remain confidential in accordance with the provisions of the Municipal Act; and reports having requested the President, Toronto Parking Authority, to include site maps in any future reports.

14

Purchase of 64 - 68 Sheppard Avenue West

(Ward 10 - North York Centre)

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the confidential report (June 28, 1999) from the President, Toronto Parking Authority, respecting the purchase of 64 - 68 Sheppard Avenue West, which was forwarded to Members of Council under confidential cover, such report to remain confidential in accordance with the provisions of the Municipal Act.

15

Union Station Negotiations

(City Council on July 27, 28, 29 and 30, 1999, amended this Clause by:

(1) amending the confidential report dated July 12, 1999, from the Chief Administrative Officer, by:

(a) inserting in Recommendation No. (3):

(i) after the words "TTR's assets", the words ", employment issues"; and

(ii) after the word "transaction", the words "and including a full business case for constructing a new bus terminal, taking into account the ownership of the Toronto Coach Terminal by the Toronto Transit Commission; and further that Planning staff develop a management model for any bus terminal, in co-operation with the Toronto Transit Commission"; and

(b) adding the following new Recommendation No. (6):

"(6) prior to any decision to utilize any land for a bus terminal, a full discussion be held with the Toronto Transit Commission and the Toronto Transit Commission have a representative at the table during any negotiations with respect to a bus terminal site.",

so that the recommendations embodied in such report shall now read as follows:

"It is recommended that:

(1) the Chief Administrative Officer continue negotiating a purchase agreement between the City and TTR for the acquisition of TTR's assets on terms and conditions substantially in accordance with those identified in this and previous reports;

(2) the Chief Administrative Officer report directly to Council on the form and content of the purchase agreement to be executed by the City;

(3) the Chief Administrative Officer report to the September Administration Committee on the structure and financing of the acquisition of TTR's assets, employment issues and the results of the City's due diligence investigations, including a full business case analysis of the transaction and including a full business case for constructing a new bus terminal, taking into account the ownership of the Toronto Coach Terminal by the Toronto Transit Commission; and further that Planning staff develop a management model for any bus terminal, in co-operation with the Toronto Transit Commission and contributions by GO Transit and Via Rail to the acquisition and ongoing operating costs;

(4) the retainers of Davies Ward & Beck and Namara Associated Limited be continued in order to finalize this transaction and up to $250,000.00 be allocated out of the funds received from TTR on account of interest payable on the 1968-1989 rent arbitration;

(5) City staff be authorized and directed to take all necessary action to give effect thereto; and

(6) prior to any decision to utilize any land for a bus terminal, a full discussion be held with the Toronto Transit Commission and the Toronto Transit Commission have a representative at the table during any negotiations with respect to a bus terminal site."; and

(2) adding thereto the following:

"It is further recommended that:

(a) the confidential report dated July 21, 1999, from the Chief Administrative Officer, embodying the following recommendations, be adopted:

'It is recommended that:

(1) authority be granted for the execution of a Purchase Agreement for the acquisition of the assets of TTR, as detailed in this report, on terms and conditions satisfactory to the Chief Administrative Officer and in a form satisfactory to the City Solicitor; and the final agreement be subject to Council approval in the fall; and

(2) the appropriate City staff be authorized and directed to take all necessary actions to give effect thereto.'; and

(b) the Purchase Agreement not provide for any arrangements for Fibre Optic Cables to cross City road allowances within the Rail Corridor, without specific approval of Council.")

The Administration Committee recommends the adoption of the confidential report (July 12, 1999) from the Chief Administrative Officer, respecting the Union Station Negotiations, which was forwarded to Members of Council under confidential cover.

Councillor Howard Moscoe, North York Spadina, appeared before the Administration Committee in connection with the foregoing matter.

(City Council on July 27, 28, 29 and 30, 1999, had before it, during consideration of the foregoing Clause, a confidential report (July 12, 1999) from the Chief Administrative Officer, such report to remain confidential in accordance with the provisions of the Municipal Act, save and except the recommendations embodied therein:

(Extract from the confidential report

dated July 12, 1999, from the Chief Administrative Officer

addressed to the Administration Committee.)

Recommendations:

It is recommended that:

(1) the Chief Administrative Officer continue negotiating a purchase agreement between the City and TTR for the acquisition of TTR's assets on terms and conditions substantially in accordance with those identified in this and previous reports;

(2) the Chief Administrative Officer report directly to Council on the form and content of the purchase agreement to be executed by the City;

(3) the Chief Administrative Officer report to the September Administration Committee on the structure and financing of the acquisition of TTR's assets and the results of the City's due diligence investigations, including a full business case analysis of the transaction and contributions by GO Transit and VIA Rail to the acquisition and on-going operating costs;

(4) the retainers of Davies Ward & Beck and Namara Associates Limited be continued in order to finalize this transaction and up to $250,000.00 be allocated out of the funds received from TTR on account of interest payable on the 1968-1989 rent arbitration; and

(5) City staff be authorized and directed to take all necessary actions to give effect thereto.)

(City Council also had before it, during consideration of the foregoing Clause, a confidential report (July 21, 1999) from the Chief Administrative Officer, such report to remain confidential in accordance with the provisions of the Municipal Act, save and except the recommendations embodied therein:

(Extract from the confidential report

dated July 21, 1999, from the Chief Administrative Officer

addressed to City Council.)

Recommendations:

It is recommended that:

(1) authority be granted for the execution of a Purchase Agreement for the acquisition of the assets of TTR, as detailed in this report, on terms and conditions satisfactory to the Chief Administrative Officer and in a form satisfactory to the City Solicitor; and the final agreement be subject to Council approval in the fall; and

(2) the appropriate City staff be authorized and directed to take all necessary actions to give effect thereto.)

(City Council also had before it, during consideration of the foregoing Clause, a confidential communication (July 13, 1999) from Mr. Ross Snetsinger, such communication to remain confidential in accordance with the provisions of the Municipal Act.)

16

Claim by the CBC Regarding 354 Jarvis Street

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the confidential report (July 8, 1999) from the City Solicitor, respecting a claim by the CBC regarding 354 Jarvis Street, which was forwarded to Members of Council under confidential cover, such report to remain confidential in accordance with the provisions of the Municipal Act.

(Mayor Lastman, at the meeting of Council on July 27, 28, 29 and 30, 1999, declared his interest in the foregoing Clause, in that partners at the same law firm as his son, who is not a real estate lawyer and does not personally act on these files, are representing applicants and have worked on related files.)

17

Claim by Vardin et al

(City Council on July 27, 28, 29 and 30, 1999, struck out and referred this Clause back to the Administration Committee for further consideration and the hearing of deputations.)

The Administration Committee recommends the adoption of the confidential report (July 9, 1999) from the City Solicitor, respecting a claim by Vardin et al, which was forwarded to Members of Council under confidential cover, such report to remain confidential in accordance with the provisions of the Municipal Act.

18

Livent Inc.

(City Council on July 27, 28, 29 and 30, 1999, amended this Clause by adding thereto the following:

"It is further recommended that the joint confidential report dated July 27, 1999, from the Chief Financial Officer and Treasurer, the City Solicitor and the Acting Commissioner of Corporate Services, be adopted, such report to remain confidential in accordance with the provisions of the Municipal Act.")

The Administration Committee reports having concurred with the Recommendations embodied in the confidential joint report (July 12, 1999) from the Chief Financial Officer and Treasurer, the Acting Commissioner of Corporate Services, and the City Solicitor, which was forwarded to Members of Council under confidential cover, such report to remain confidential in accordance with the provisions of the Municipal Act.

(City Council on July 27, 28, 29 and 30, 1999, had before it, during consideration of the foregoing Clause, a joint confidential report (July 27, 1999) from the Chief Financial Officer and Treasurer, the City Solicitor and the Acting Commissioner of Corporate Services, such report to remain confidential in accordance with the provisions of the Municipal Act.)

19

Canada Mortgage and Housing Corporation

and Victoria Wood (Main Square) Inc.

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (July 9, 1999) from the Acting Commissioner of Corporate Services:

Purpose:

To obtain approval to execute the various agreements required to proceed with the proposed new Community Centre at Main Square.

Funding Sources and Financial Implications:

Capital Costs

The capital costs for this project are being shared equally with Central Mortgage & Housing Corporation (CMHC) based on a total cost of $9,000,000, excluding the G.S.T. rebate of $350,000. The $4,500,000 being provided by the City has been approved in the years 1999 and 2000 Capital Works s Program of the Economic Development Culture and Tourism Department. Attached is the breakdown of the budget for the Project (see Appendix 1). The net operating cost is estimated to be $435,140 per year once operational in 2001.

Recommendations:

It is recommended that:

(1) authority be granted to enter into a Lease Agreement as outlined herein with Victoria Wood (Main Square) Inc. as general partner of and on behalf of Victoria Wood (Main Square) Limited Partnership for the leased space described herein on the terms and conditions contained herein;

(2) authority be granted to enter into a Cost Sharing Agreement with CMHC for 50 percent of the Capital Funding required to facilitate the construction of the new Community Centre, on the terms and conditions contained herein;

(3) authority be granted to enter into a Construction Licence Agreement, which is a side agreement to the lease agreement to deal with specific issues related to the construction of the new Community Centre;

(4) authority be granted to enter into any other ancillary agreements required in connection with the foregoing documents;

(5) the above noted lease and agreements be in a form acceptable to the City Solicitor;

(6) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto; and

(7) the Chief Financial Officer and Treasurer be requested to report directly to the July 27, 28 and 29, 1999 Council meeting on the award of the contract for the project.

Background:

At its meeting in April 1996, City Council adopted the Communication from the Commissioner of Parks and Recreation of the former City of Toronto and directed the City Solicitor and the Commissioner of Parks and Recreation to enter into negotiations with the owner of the Main Square Site and CMHC to finalize the various agreements for the Main Square Project.

CMHC originally subleased and operated the residential portion of Main Square, but subsequently surrendered its lease to new owners of the leasehold interest in the lands. CMHC's surrender of its lease was subject to the new owners permitting the construction of the Community Centre which is now out for tender. Subject to Council approval of the project CMHC reaffirmed its commitment to the City to fund 50 percent of the Capital Costs of the Community Centre to an up-set amount of $4,500,000.

Committee of Adjustment approval of the minor variances required for the proposed design and Site Plan Approval have been received.

An environmental report prepared by Halsall Environmental Inc. (HEI) for Jade Sea Properties dated October 31, 1997 indicates that the site appears to meet the Ministry of Environment requirements for its proposed use. This report was based on HEI reviewing the site and other Environmental Reports previously prepared for the site. City staff have reviewed HEI's environmental report and are satisfied with same.

The bid package (drawings and specifications) for the project has been sent out for tender and will close on July 21, 1999. In order to avoid costly overruns associated with winter construction it is critical that the construction contract be awarded by Council before the summer break.

This report has been prepared in consultation with staff of the Economic Development Culture and Tourism Department.

The Project:

The new Community Centre will be approximately 6000 +/- sq. metres of new construction located within and on top of the under utilized existing parking garage on the site. The project includes the construction of a 12 m x 25 m pool with 5 lanes, a gym approximately high school size of 30 m x 19.5 m and other ancillary uses.

The new Community Centre replaces an existing deteriorated Centre which does not meet the needs of the surrounding community and has been identified for replacement for more than 10 years. A Working Committee with Community representatives had been established to address the needs of the community and a space program was developed to address the needs of the community.

Comments:

Subject to the approval of City Council, the terms and conditions of the various agreements are both fair and reasonable. The base terms and conditions are as follows:

Lease Agreement:

(a) the parties - Victoria Wood (Main Square) Inc. as general partner of and on behalf of Victoria Wood (Main Square) Limited Partnership as landlord and the City as tenant;

(b) the premises - a portion of the Main Square Site - as outlined on the plans attached as Appendix 2, together with various easement rights for access, services, maintenance and repair etc.;

(c) the term of the lease is to commence on or before October 31, 1999 and will expire on December 30, 2023;

(d) the City will pay nominal ($1.00 annually) rent for the premises, but will be responsible for its own realty taxes, utility costs, maintenance and repair, and any increase in the landlord's realty taxes (if any) that results from the construction of the community centre;

(e) the City will be required to pay a one time up front lump sum payment of $50,000 to the landlord for its consulting fees and the cost of locking down the existing community space which amount forms part of the construction budget;

(f) the existing community space - the existing space being used by the City will be returned to the landlord upon completion of the new facility;

(g) construction is to be completed within 30 months of the commencement of the term of the lease; and

(h) Main Square Residential Tenants will not be required to pay any fees to use the Community Centre's facilities. The daycare located at Main Square will also be entitled to use the Community Centre free of charge. (i.e., no user or admission fees);

(i) the City will not be permitted to assign the lease without the landlord's prior written consent; and

(j) the City will be required to use the community centre solely for the purpose of a community recreation centre - no daycare centre, third party food services on retail or wholesale sales will be permitted.

Construction Licence Agreement:

The landlord will grant the City a licence over part of the underground parking garage and over part of the site above grade to enable the City to construct the Community Centre, for a total licence fee of approximately $55,000.00, which amount forms part of the construction budget.

Cost Sharing Agreement:

City and CMHC to share equally the cost of the facility, with CMHC's maximum contribution being $4.5m.

CMHC will front-end the first $4.5 million of construction costs, with the City paying for the remainder of the costs.

City will have responsibility for and control of construction of the facility.

Implication of Not Going Forward:

If the community centre is not built then the community as a whole will suffer, due to the lack of space currently available. The City will have some non-recoverable fees for consultants that have already been paid and could not be recovered.

Conclusions:

That staff be authorized to proceed with finalization and execution of all necessary agreements.

Contact Names:

Bob Ferguson - Manager (416) 392-0266

Wayne Moss - Project Manager (416) 392-7119

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Appendix 1

Budget and Cost Estimate

Main Square Community Centre

Project No. 910082BM

Budget

CMHC $4,500 000.00 (1)

City Funding $4,500 000.00 (2)

GST Rebate (3.846%) $ 350,000.00

Total $9,350, 000.00

Note: (1) - CMHC has already funded $ 260 000.

(2) - City Funding, although already approved is cash flowed over the years 1999 and 2000.

Cost Projections

Expenditure Associated with Original Design $ 480,000.00 (1)

Professional Fees $ 520,000.00

Construction $8,115,000.00 (2)

FF&E $ 100,000.00

Miscellaneous $ 135,000.00

Total $9,350,000.00

Note: (1) The original design, which was completed was based on a different location within the complex. Because of the physical constraints of this location and disruption to the existing facilities (residents and community tenants), the original design was abandoned. In addition, it could not have been built within the existing budget.

(2) Includes a 10 percent contingency and approximately $80,000.00 of allowances for the leasing of parking associated with construction and changes related to disruption/cleaning of other tenant facilities.

20

Acquisition of 196 Manor Road East

(Ward 22 - North Toronto)

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (July 7, 1999) from the Chief Administrative Officer and Acting Commissioner of Corporate Services:

Purpose:

To advise City Council of the findings of the environmental assessment of this property and to report on the costs associated with the closing of this real estate transaction.

Financial Implications:

Total costs of the transaction, based on a nominal sum consideration for the property, are estimated to be $100.00.

Recommendations:

It is recommended that:

(1) the City Solicitor, in consultation with the Executive Director of Facilities and Real Estate, be authorized to complete the acquisition of 196 Manor Road East, for a nominal consideration, in accordance with the terms and conditions set out in this report and in a form satisfactory to the City Solicitor;

(2) 196 Manor Road East be placed under the jurisdiction of the Commissioner of Economic Development, Culture and Tourism; and

(3) the appropriate City officials be authorized to take the necessary action to give effect thereto.

Background:

City Council, at its meeting held on July 29, 30 and 31, 1998, adopted Clause No. 37 of Report No. 11 of The Corporate Services Committee, and authorized, in principle, the acceptance of the donation of the property municipally known as 196 Manor Road East on the basis that the City would designate the site as City Green Space and that the Club will continue to operate and maintain the premises during the existence of the Club on a permit basis from the City. Recommendation No. (4) of this report requested the Commissioner of Corporate Services, in consultation with the Commissioner of Economic Development, Culture and Tourism, report further on the findings of the Environmental Audit and the actual costs associated with the transaction. Legal issues relative to the Club's process and authority to donate the property to the City was resolved and staff are now in the position to report on Council's request.

Comments:

Pinchan Environmental, an environmental consultant firm, was retained by the City and provided an environmental report which concluded that no environmental conditions exist on the property that warrant further investigations or activities. This report was reviewed by City Staff and found to be acceptable.

In addition, the City Solicitor was contacted and has advised that based on an examination of the Letters Paten and By-law No. 23 of the Glebe Manor Lawn Bowling Club Limited ("Club"), the Club has power to convey the property to the City.

Total Transaction Cost:

Normal transaction costs involve the payment of Land Transfer Tax ("LTT"), GST and registration costs, such costs are typically the responsibility of the purchaser. In this instance, the transaction is a donation of property to the City for nominal consideration.

I have consulted with Finance and Legal staff respecting the payment of LTT and GST and the consensus is that, as this is a gift to the City for a nominal amount, neither LTT nor GST will be payable. The costs to register this transaction would likely not exceed $100.00. However, it should be noted that the Minister of Finance for the Province and/or the Receiver General for Canada might view this transaction as being more than a nominal consideration and might assess an amount other than nominal sum amounts for the respective LTT and GST payable.

Conclusion:

The environmental consultant concluded that no environmental conditions exist on the property that warrant further investigations or activities. The total costs of the transaction would likely involve only registration costs not exceeding $100.00.

Contact Name:

Ron J. Banfield, Telephone - 392-1859, Fax - 392-1880, E-mail - rbanfiel@toronto.ca.

(A copy of the map attached to the foregoing report was forwarded to all Members of Council with the July 13, 1999, agenda of the Administration Committee and a copy thereof is also on file in the office of the City Clerk.)

21

Corporate Occupational Health and

Safety Policy and Program

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 24, 1999) from the Executive Director of Human Resources:

Purpose:

This report provides an updated Corporate Occupational Health and Safety Policy, in compliance with the legal requirement to review such policies annually, and provides details of a proposed Corporate Occupational Health and Safety Program, which is required by law to implement the commitments made in the policy.

Recommendations:

It is recommended that:

(1) the updated Corporate Occupational Health and Safety Policy be endorsed; and

(2) the new Corporate Occupational Health and Safety Program be endorsed.

Council Reference/Background/History:

Council approved a Corporate Occupational Health and Safety Policy on April 16, 1998. The Occupational Health and Safety Act requires that this policy be reviewed annually, and that a program to implement the policy be developed. As indicated in the April 16, 1998 report, the policy provides the context for a comprehensive occupational health and safety program, many elements of which are already operational, but which need to be formalized through a defined program. This report outlines the proposed framework and operational parameters for a Corporate Occupational Health and Safety Program, and presents an updated Corporate Policy (Appendix 1), incorporating feedback from the bargaining units, for Council endorsement.

Comments and/or Discussion and /or Justification:

Ontario's health and safety legislation requires the City, as an employer, as well as its officers and directors, to take every reasonable precaution for the protection of workers. It clearly specifies requirements for the establishment of a health and safety policy and development of a health and safety program to implement the policy. At the same time, this legislation is grounded in the concept of an internal responsibility system, a system in which the workplace parties (labour and management) jointly assume responsibility for workplace health and safety. Shared responsibility is facilitated at the local level by the establishment and maintenance of joint health and safety committees. However, an organization of the size and diversity of the City of Toronto cannot demonstrate an effective occupational health and safety internal responsibility system and program, or due diligence in the health and safety area, simply through the establishment of local committees. Both a comprehensive program and a central coordinating mechanism are required.

An effective program will facilitate the consistent application of health and safety principles across the organization which, in turn, will assist in demonstrating that the City and its officers and directors are duly diligent in the protection of worker health and safety.

A Corporate Occupational Health and Safety Program, together with a central Occupational Health and Safety Coordinating Committee is being established to assist in the implementation and effective operation of the program, be established as outlined below.

(1) Corporate Occupational Health and Safety Program:

Program Goal: To integrate the commitments made in the Corporate Occupational Health and Safety Policy into all activities undertaken by the City of Toronto, in a manner which:

(i) protects employee health and safety, and

(ii) assists the City in achieving and maintaining compliance with all applicable legislation, standards and policies.

Program Components:

(i) Corporate Occupational Health and Safety Policy;

(ii) Occupational Health and Safety Management System (including defined goals and priorities, roles and responsibilities, accountability, management competencies, performance measures, mechanisms for system evaluation and audits, record keeping, and documentation);

(iii) External environmental scanning to remain abreast of current legislation, knowledge and best practices;

(iv) Internal environmental scanning to anticipate, recognize, assess and control hazards;

(v) Application of risk management principles to priority setting;

(vi) Establishment and promotion of occupational health and safety policies and procedures;

(vii) Pro-active prevention initiatives (including purchasing practices, job, workplace and equipment design);

(viii) Strong matrix of joint health and safety committees (supported by clear terms of reference and a commitment to continuing education);

(ix) Inclusive consultation and communication strategies;

(x) Provision of technical and professional occupational health and safety support services;

(xi) Needs-based education and training of workplace parties; and

(xii) Emergency response measures.

(2) Central Occupational Health and Safety Coordinating Committee

Purpose: The Occupational Health and Safety Coordinating Committee will assist the City to establish a Corporate Occupational Health and Safety Program and to ensure the effective operation of the program.

Mandate:

(i) Reviewing annually the Corporate Occupational Health and Safety Policy;

(ii) Recommending policy on occupational health and safety matters affecting the entire City;

(iii) Monitoring policy implementation;

(iv) Monitoring occupational health and safety performance across the City;

(v) Resolving occupational health and safety issues which are not resolved at the workplace level;

(vi) Providing pertinent information to senior management and Council; and

(vii) Seeking Council's approval of those policies which have the potential to significantly impact the public or contractors engaged by the City.

Proposed Structure:

(a) The Occupational Health and Safety Coordinating Committee will have an equal number of management and bargaining unit representatives. An alternate for each member will also be appointed, and will be encouraged to attend and participate in meetings, but will not have a vote unless the member is absent.

(b) In recognition of both the number of workers in each bargaining unit and the significance of the occupational health and safety risks faced by the workers, it is proposed that the bargaining unit representation comprise three members and three alternates from each of C.U.P.E. Local 416 and C.U.P.E. Local 79, and two members and two alternates from TPFA (IAFF Local 3888).

(c) For management eight members and eight alternates will be appointed by the senior management team, from the general manager/executive director level, having regard to the size of the respective service areas, and the nature of the occupational health and safety risks in particular areas.

(d) The manager of the Occupational Health, Safety and Workers' Compensation Unit, Employment Services, will serve as the non-voting secretary of the committee.

Operating Parameters:

(a) Meeting Schedule - the committee will meet 6 times in the first year of operation, in anticipation of the initial volume of work anticipated;

(b) Terms of Reference - to be drafted by the Occupational Health, Safety and Workers' Compensation Unit, Employment Services, for input from and approval by the committee;

(c) Support - administrative and research support for the committee will be provided by the Occupational Health, Safety and Workers' Compensation Unit;

(d) Distribution of Minutes - Occupational Health and Safety Coordinating Committee minutes will be distributed to all joint health and safety committees; and

(e) Review After One Year - a review of the committee's structure, function and effectiveness will be conducted after one full year of operation, and adjusted if necessary.

Conclusion:

Adoption of the updated Corporate Occupational Health and Safety Policy and the proposed Corporate Occupational Health and Safety Program, together with the establishment of a central Occupational Health and Safety Coordinating Committee, will demonstrate the City's commitment to the occupational health and safety of its employees and to a strong internal responsibility system, while achieving compliance with key provisions of the Occupational Health and Safety Act.

Contact Name:

Alison Anderson

Director, Employment Services

392-5028.

--------

(Appendix 1)

Corporate Occupational Health and Safety Policy

Policy Statement:

The City of Toronto will provide and maintain safe and healthy working conditions for all employees in keeping with the legislative requirements of the Occupational Health and Safety Act. To fulfil this commitment, the City will:

(1) Meet or exceed health, safety and ergonomics standards, applying the precautionary principle, as needed;

(2) Recognize the importance of consulting and cooperating with joint health and safety committees and representatives when developing and implementing programs and procedures; and

(3) Provide training and education specific to job requirements.

Application:

This policy applies to all City of Toronto employees.

Conditions:

The following conditions will guide the development and implementation of all health and safety programs and procedures:

(1) Protecting the health and safety of all employees is a commitment of the highest priority.

(2) Management will take an active leadership role in promoting a safe and healthy work environment.

(3) Management, employees and unions share the responsibility for reducing accidents by ensuring jobs are performed in a safe and healthy manner.

(4) Good management systems and practices will be developed with employee involvement and cooperation to minimize injuries and illnesses.

(5) Health and safety procedures will focus on the prevention of injuries and illnesses and be based on scientific principles and acceptable standards.

(6) Information about health and safety programs will be made accessible to employees.

(7) Employees will be informed of all known health, safety and ergonomic hazards in their work.

(8) Programs and practices will be monitored on an as needed basis and at least annually to ensure they are in keeping with legislative and corporate requirements.

Implementation:

This policy statement is intended to provide direction for the development of all health and safety programs and procedures.

References: Occupational Health and Safety Act

Approved by: Toronto City Council

Date approved: July, 1999

22

Authority During Absence of Chief Administrative Officer

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 30, 1999) from the Chief Administrative Officer, subject to amending Recommendation No. (1) by deleting the following word and date " the 2nd day of March, 2000", and inserting in lieu thereof the date "January 31, 2001", so that Recommendation No. (1) now reads as follows:

"(1) authority be granted for the period ending at 12:00 midnight on January 31, 2001, to each of the Commissioners of Community and Social Services, Works and Emergency Services, Corporate Services, Economic Development, Culture and Tourism, Urban Planning and Development Services and the Chief Financial Officer and Treasurer to exercise as may from time to time be designated in writing by the Chief Administrative Officer for such period as may be specified in the designation, the authority of the Chief Administrative Officer during his absence due to travel, illness or otherwise;":

Purpose:

To seek authority for the appointment of alternates to stand in the place and stead of the Chief Administrative Officer during his absence from duty due to travel, illness or otherwise.

Funding Sources, Financial Implications and Impact Statement:

N/A.

Recommendations:

It is recommended that:

(1) authority be granted for the period ending at 12:00 midnight on the 2^nd day of March, 2000 to each of the Commissioners of Community and Social Services, Works and Emergency Services, Corporate Services, Economic Development, Culture and Tourism, Urban Planning and Development Services and the Chief Financial Officer and Treasurer to exercise as may from time to time be designated in writing by the Chief Administrative Officer for such period as may be specified in the designation, the authority of the Chief Administrative Officer during his absence due to travel, illness or otherwise; and

(2) the appropriate City officials be authorized and directed to take the necessary action to give effect to the foregoing.

Council Reference/Background/History:

By its enactment of By-law No. 2-1998 on the 6^th day of January, 1998, City Council prescribed the duties and responsibilities of the Chief Administrative Officer. There is no provision in By-law No. 2-1998 or otherwise for the appointment of a Deputy Chief Administrative Officer nor for the temporary appointment of alternate(s) to act in the place and stead of the Chief Administrative Officer when he is absent from his duties due to travel, illness or otherwise.

Comments and/or Discussion and/or Justification:

From time to time, I will be absent from my duties. It is only prudent to ensure that there is a staff member officially responsible for fulfilling my duties and responsibilities during any such absence.

Conclusions:

Providing for the appointment of an alternate to stand in the stead of the Chief Administrative Officer during my absence is only logical and reasonable; and allowing the Chief Administrative Officer to designate that alternate from time to time from among the City's Commissioners, is not only efficient but also supports staff development among the various members of the most senior level of municipal staff.

23

Alternate for the Commissioner of Corporate Services

to Approve Certain Delegated Real Estate Matters

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (June 30, 1999) from the Chief Administrative Officer:

Purpose:

To seek authority for the appointment of an alternate to the Commissioner of Corporate Services to exercise delegated authority over certain real property matters.

Funding Sources, Financial Implications and Impact Statement:

None.

Recommendations:

It is recommended that:

(1) for the purpose of exercising the authority, as same may be amended from time to time, delegated to the Commissioner of Corporate Services by Clause No. 1 of Report No. 11 of The Corporate Services Committee adopted as amended on July 29, 30, 31, 1998, authority be granted to the Executive Director of Facilities and Real Estate; and

(2) the appropriate City officials be authorized and directed to take the necessary action to give effect to the foregoing.

Council Reference/Background/History:

By its adoption, as amended, of Clause No. 1 of Report No. 11 of The Corporate Services Committee at its meeting held on July 29, 30 and 31, 1998, Council delegated to, respectively, the Chief Administrative Officer and the Commissioner of Corporate Services, the authority to approve certain types of real property transactions. Each of those two positions have separate, independent lists of matters which may be approved by them. At the time of preparation of that report, no alternates were included in the recommendations pending the settling of various transitional matters in the new City.

Comments and/or Discussion and/or Justification:

Staff has found that having only one specific staff member authorized to sign an approval with respect to any one type of property matter results in a less-than-streamlined process. Accordingly, it is now appropriate to ensure that alternates to both myself and to the Commissioner of Corporate Services are in place within the context of the above-captioned authority. In the case of those matters within the jurisdiction of the CAO to approve, a companion report on the Agenda of today's Administration Committee meeting entitled "Authority in CAO Absence" effectively provides such alternate(s) in the case of the CAO. In the case of those matters within the jurisdiction of the Commissioner of Corporate Services to approve, being the more routine and/or minor matters, while the CAO as the Acting Commissioner of Corporate Services does have that authority, if no specific alternate is named, this would mean that all of those minor and/or routine real property approvals would require the specific review and approval of the CAO. Accordingly, it is recommended that for those items previously delegated by Council to the Commissioner of Corporate Services for approval, authority be granted to the Executive Director of Facilities and Real Estate as an alternate, the authority for that alternate to subsist the appointment of a new Commissioner of Corporate Services when same transpires.

Conclusions:

Providing for the appointment of an alternate to the Commissioner of Corporate Services for the purposes of exercising the authority to approve of the various property matters as set out in Clause No. 1 of Report No. 11 of The Corporate Services Committee adopted as amended on July 29, 30 and 31, 1998 is not only prudent; but will also result in more expeditious service to both the City and its ABCD's as well as to the members of the public with whom the City is conducting these types of property transactions.

24

Performance Management Process for Senior Executives

(City Council on July 27, 28, 29 and 30, 1999, amended this Clause by adding thereto the following:

"It is further recommended that, in regard to the performance review of Commissioners, the Chief Administrative Officer be requested to write to each Member of Council, inviting comments on the evaluation of achievements and agreed upon goals and objectives to be part of the discussion with the Mayor, the Deputy Mayor, the Chair of the Administration Committee and the Chair of the appropriate Standing Committee.")

The Administration Committee recommends the adoption of the following report (July 2, 1999) from the Chief Administrative Officer; and, further, that the Chief Administrative Officer be requested to submit a report to Council forwarding comments, if any, after the annual performance evaluations:

Purpose:

This report outlines the performance management process for the senior executives of the City of Toronto. This process applies to the: Chief Administrative Officer, City Auditor, and Commissioners.

Financial Implications and Impact Statement:

There are no financial implications arising from the recommendations in this report.

Recommendations:

It is recommended that:

(1) the performance management process for the Chief Administrative Officer and the City Auditor outlined in this report be approved;

(2) the matter of pay for performance referenced in the employment contracts of the Chief Administrative Officer, the City Auditor, and Commissioners be reviewed in the fall when Council considers Hay Management Consultants' compensation program for excluded staff; and

(3) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

Council Reference :

On May 13 and 14, 1998, Council approved the Corporate Management Framework, establishing a framework for performance management which includes Council's performance in delivering a strategic vision, program performance tied to multi-year business planning, financial performance tied to annual operating plans and budgets, and individual staff performance within the overall framework.

What is Performance Management?

Performance Management establishes a shared understanding of what is to be achieved and how it is to be achieved; it is a way of managing people that increases the probability of achieving success. It is a continuous cycle of four phases:

(1) Planning Performance: The first step is setting out the expected accomplishments and how these goals/objectives will be met. The objectives are set in the context of the corporate strategic goals and business plan objectives.

(2) Coaching Performance: Reinforcing and supporting staff efforts in pursuit of achieving the planned objectives.

(3) Reviewing Performance: Jointly assessing performance against expectations. Evaluating successes and failures of the year, learning from them and preparing for the next year. Identification of performance development activities and planning for these activities.

(4) Rewarding Performance: Involves rewarding desired outcomes through a combination of rewards and recognition.

Discussion:

The following outlines the proposed performance management process for the Chief Administrative Officer and City Auditor, the two executive positions which report directly to Council.

Chief Administrative Officer (CAO):

The CAO is the most senior City executive. The CAO is hired by and reports directly to Council. It is proposed that the performance of the CAO be reviewed formally on an annual basis by a small committee of council composed of the Mayor, Deputy Mayor, and current and previous Chairs of the Administration Committee. This committee would be assisted by an internal human resource expert. The process would proceed as follows:

(i) The CAO prepares a written review of achievements over the past year.

(ii) The CAO proposes goals/objectives for the subsequent year.

(iii) The committee considers achievements, obtains input/comments from the Chairs of the other standing committees and other members of Council as appropriate, and meets with the CAO to evaluate accomplishments, documenting the assessment.

(iv) The Mayor, Deputy Mayor and Chairs of the Administration Committee and the CAO discuss and agree upon goals/objectives for the subsequent year, confirming details in writing. These goals/objectives form the basis for the next annual review.

(v) Based on the performance review and consistent with Council approved corporate guidelines, the Mayor, Deputy Mayor and Chairs of the Administration Committee determine the amount of performance pay. (Note: This step to be applicable following Council consideration of a performance based pay program for non-union staff.)

(vi) The Mayor, Deputy Mayor and Chairs of the Administration Committee submit a report highlighting the evaluation of achievements and agreed upon goals/objectives to the Policy and Finance Committee for the information of Council.

(vii) The Mayor, Deputy Mayor and current Chair, Administration Committee provide interim (informal) feedback to the CAO semi-annually on the goals/objectives and required adjustments based on changed circumstances, at a meeting specifically scheduled for this purpose. The input/comments from the Chairs of the other standing committees and other members of Council will be requested prior to the meeting.

City Auditor:

Council directed that this position report directly to Council. An annual performance management process is proposed as follows:

(i) City Auditor prepares a written review of achievements over the past year.

(ii) City Auditor proposes goals/objectives (consistent with the approved Audit Workplan) for the subsequent year.

(iii) Audit Committee, Chair of the Administration Committee and the CAO consider achievements and meet with the City Auditor to evaluate accomplishments, documenting the assessment. CAO provides input during the review and in the setting of future goals/objectives related to the Auditor's contribution to the overall objectives of the Administration. Assistance will be provided by an external human resource expert.

(iv) Audit Committee, Chair of the Administration Committee, CAO and City Auditor discuss and agree upon goals/objectives for the subsequent year, confirming details in writing to be reviewed at the end of the next appraisal period.

(v) Based on the performance appraisal and consistent with Council approved corporate guidelines, Audit Committee and Chair of the Administration Committee in consultation with the CAO, determine the performance pay. (Note: This step to be applicable following Council consideration of a performance based pay program for non-union staff.)

(vi) Audit Committee, Chair of the Administration Committee and the CAO provide interim (informal) feedback to the City Auditor semi-annually, at a meeting specifically scheduled for this purpose.

Performance Review of Commissioners:

The performance of Commissioners will be reviewed formally by the CAO on an annual basis and based on the performance appraisal and consistent with Council approved corporate guidelines, appropriate performance pay will be determined.

The CAO's performance management process for Commissioners consists of the following steps:

(i) Commissioner prepares for the CAO a written review of achievements over the past year.

(ii) Commissioner proposes goals/objectives for the subsequent year. CAO considers achievements and meets with Commissioner to evaluate accomplishments, documenting the assessment.

(iii) CAO and Commissioner discuss and agree upon goals/objectives, confirming details in writing to be reviewed at the end of the next appraisal period.

(iv) CAO discusses the evaluation of achievements and agreed upon goals/objectives with the Mayor, Deputy Mayor, Chair, Administration Committee and Chair of the appropriate standing committee.

(v) Based on the performance appraisal and consistent with Council approved corporate guidelines, CAO determines the performance pay. (Note: This step to be applicable following Council consideration of a performance based pay program for non-union staff.)

(vi) CAO provides interim (informal) feedback to the Commissioner on a semi-annual basis, obtaining input/comments from the Mayor, Deputy Mayor, Chair, Administration Committee and appropriate standing committee Chair.

Conclusion:

The proposed performance management process will support fair and equitable treatment, enhance communications related to expectations, promote positive and constructive feedback, focus on coaching and development and motivate success. This process provides Council with the direct assurance it requires that its most senior staff are meeting the overall strategic Council and corporate goals and leading the organization in the directions set by Council. In turn, the senior staff and, as a result, all other staff of the organization receive clear communications regarding the value of high performance and the commitment of the organization to support, enhance and recognize staff efforts.

25

Temporary Amendment to Purchasing By-law

(City Council on July 27, 28, 29 and 30, 1999, adopted this Clause, without amendment.)

The Administration Committee recommends the adoption of the following report (July 9, 1999) from the Commissioner of Works and Emergency Services; and further, that the City Clerk, in consultation with the Director of Purchasing and Materials Management, be requested to submit a report to the Administration Committee in October, 1999, respecting contracts awarded by the Bid Committee under this provision:

Purpose:

To authorize a temporary amendment to the Interim Purchasing By-law to permit the Bid Committee to award contracts up to and including $2,500,000.00.

Funding Sources, Financial Implications and Impact Statement:

N/A.

Recommendation:

It is recommended that approval be given to amend the Interim Purchasing By-law No. 57-1998, to permit the Bid Committee to award lowest bid construction contracts less than or equal to $2,500,000.00, during the period from July 14, 1999 to September 8, 1999.

Background:

Under the Interim Purchasing By-Law, contracts with a value of between $1,000,000.00 and $2,500,000.00 are to be awarded by the appropriate Standing Committee of Council.

No Standing Committee meetings will be held during Council's summer recess period from July 14, 1999 to September 8, 1999.

Discussion:

In discussion with the Commissioners of Economic Development, Culture and Tourism and Corporate Services, it has been identified that there are a number of contracts in excess of $1,000,000.00 in value which are scheduled to be awarded during the summer recess period. In order to meet program commitments, it is necessary that the award of these contracts not be delayed and, accordingly, it is requested that the authority of the Bid Committee be extended to include the award of lowest bid construction contracts of up to and including $2,500,000.00, during the summer recess period from July 14, 1999 to September 8, 1999. We will report to the respective Committees and Council in September, providing full explanation on the contracts awarded.

Conclusion:

In order to permit the award of contracts of between $1,000,000.00 and $2,500,000.00 in value during the summer recess of Council, it is recommended that the authority of the Bid Committee be raised to a limit of up to and including $2,500,000.00.

Contact Persons:

Tom Denes, P.Eng. Lou Pagano

Executive Director Director

Technical Services Division Purchasing and Materials Management Division

Telephone: 392-7312

26

Other Items Considered by the Committee

(City Council on July 27, 28, 29 and 30, 1999, received this Clause as information, subject to striking out and referring Item (i), entitled "Temporary Employees with Length of Service from Two to Ten Plus Years", embodied therein, back to the Administration Committee for further consideration.)

(a) Toronto Police Benefit Fund - Benefit Improvements and 1999 Police Bargaining (Pension Issues).

The Administration Committee reports having referred the following communications to the Chief Financial Officer and Treasurer for report thereon to the September 7, 1999, meeting of the Administration Committee:

(i) (June 9, 1999) from the President, Toronto Police Association, advising that the Toronto Police Association has tabled a pension proposal requesting that the Pension Benefit Fund be amended to provide for mandatory indexation of pension benefits; that the Trustees of the Police Benefit Fund are proposing various initiatives, including a contribution holiday for active members of the Fund and an increase in the spousal benefit; that the Association has been informed that the initiatives being proposed by the Trustees cannot be implemented while the Association's indexing proposal remains on the bargaining table; and advising that at the last bargaining meeting on May 25, 1999, the Association told the Police Services Board's bargaining committee that it would withdraw its proposal, subject to the contribution holiday and other improvements in fact being implemented; that the proposal has been withdrawn and if the contribution holiday and other initiatives are for some reason not implemented, the Association will retable its indexation proposal.

(ii) (June 17, 1999) from the City Clerk, enclosing, for information and any attention deemed necessary, Clause No. 28 contained in Report No. 6 of The Corporate Services Committee, headed "Actuarial Valuation Results - Metropolitan Toronto Pension Plan and the Metropolitan Toronto Police Benefit Fund", which was adopted, as amended, by City Council on June 9, 10 and 11, 1999; and advising that City Council amended the aforementioned Clause by striking out and referring Recommendations Nos. (2) and (3) embodied in the report dated May 11, 1999, from the Chief Financial Officer and Treasurer, to the Toronto Police Services Board for consideration and report thereon to Council, through the Administration Committee, viz.:

"(2) an employee and employer contribution holiday be granted in the Metropolitan Toronto Police Benefit Fund for the period January 1, 1999, to December 31, 2000, with the plan to review and report annually on the feasibility of extending the contribution holiday; and

(3) the basic percentage for spousal survivor pensions in the Metropolitan Toronto Police Benefit Fund be increased to 66 2/3 percent from 60 percent for all active members, effective July 1, 1998;".

(b) Cost of Possible Plan Upgrades, Metropolitan Toronto Police Benefit Fund.

The Administration Committee reports having referred the following communication to the Chief Financial Officer and Treasurer for report thereon to the September 7, 1999, meeting of the Administration Committee:

(June 1, 1999) from the City Clerk, advising that the Board of Trustees of the Metropolitan Toronto Police Benefit Fund on May 28, 1999, recommended to the Administration Committee that the following plan upgrades be considered:

(1) refund of Member Contributions made to the Fund after 35 years of service has been credited, for active members and retired members and spouses, for which the cost is expected to be $3.50 million, similar to what OMERS has proposed;

(2) change in the offset when Canada Pension Plan starts from a three-year average calculation to a five-year calculation, for active members and retired members and spouses under 65 years of age, for which the cost is expected to be $1.80 million, similar to what OMERS has proposed;

(3) extension of the survivor continuation percentage to 100%, as long as no current member is adversely affected, for which the cost is expected to be $0.05 million, as follows:

one survivor 66.67 per cent

two survivors 80.00 per cent

three survivors 90.00 per cent

four or more survivors 100.00 per cent

(4) the authority be granted for the introduction in Council of the necessary Bills to give effect to Recommendations No. (1), (2) and (3); and

the Board of Trustees also:

(i) requested the City Solicitor to draft the appropriate amending by-law respecting Recommendations No. (1), (2) and (3), and submit such draft by-law directly to the Administration Committee for consideration with this matter; and

(ii) requested Mr. Robert Camp, William M. Mercer Limited, to provide a formal costing if the minimum pension was increased and include the figure for that costing in his Year 2000 Actuary Report.

(c) Cost of Possible Plan Upgrades, Metropolitan Toronto Pension Plan.

The Administration Committee reports having referred the following communication to the Chief Financial Officer and Treasurer for report thereon to the September 7, 1999, meeting of the Administration Committee:

(June 1, 1999) from the City Clerk, advising that the Board of Trustees of the Metropolitan Toronto Pension Plan on May 28, 1999, recommended to the Administration Committee that the following plan upgrades be considered:

(1) refund of Member Contributions made to the Fund after 35 years of service has been credited, for active members and retired members and spouses, for which the cost is expected to be $2.65 million, similar to what OMERS has proposed;

(2) change in the offset when Canada Pension Plan starts from a three-year average calculation to a five-year calculation, for active members and retired members and spouses under 65 years of age, for which the cost is expected to be $1.95 million, similar to what OMERS has proposed;

(3) extension of the survivor continuation percentage to 100%, for which the cost is expected to be $0.05 million, as follows:

one survivor 66.67 per cent

two survivors 80.00 per cent

three survivors 90.00 per cent

four or more survivors 100.00 per cent

(4) the authority be granted for the introduction in Council of the necessary Bills to give effect to Recommendations No. (1), (2) and (3); and

that the Board of Trustees also requested that:

(i) the City Solicitor draft the appropriate amending by-law respecting Recommendations No. (1), (2) and (3), and submit such draft by-law directly to the Administration Committee for consideration with this matter.

(ii) the Actuary, Mr. Robert Camp, of William M. Mercer Limited, obtain the approval of the Financial Service Commission of Ontario, for the authority to pay a one-time lump sum payment to retirees equal to an active member's contribution holiday in a calendar year, through the distribution of pension fund surplus, for which the cost is expected to be $11.80 million, prior to submitting a recommendation to Administration Committee.

(d) Review of Sub-Committees, Special Committees and Task Forces.

The Administration Committee reports having deferred consideration of the following report until its special meeting scheduled to be held on July 21, 1999; and having referred the following motion to the Chief Administrative Officer for report thereon, in consultation with the City Clerk, to the aforementioned special meeting of the Committee:

Moved by Councillor Moeser:

"The Committee recommends to Council that:

(A) the following Sub-Committees, Special Committees and Task Forces listed below be disbanded;

(B) the Chief Administrative Officer, in consultation with the City Clerk, be requested to review any reports or initiatives that may be underway and report to the Administration Committee on the status of such reports or review; and

(C) the City Clerk, in conjunction with the Chief Administrative Officer be requested to report on a schedule to disband the following Sub-Committees, Special Committees and Task Forces appearing in Schedule 1 attached to the aforementioned report:

(1) School Tax Sub-Committee (Page 1);

(2) Toronto Hydro Electric Commission Steering Committee (Page 2);

(3) Municipal Grants Review Committee (Page 3);

(4) Special Committee to Consider the Issue of Pay Duty Policing (Page 4);

(5) User Fee Committee (Page 5);

(6) Task Force on Community Safety (Original - Page 5);

(7) Caribana Festival Support Group (Page 7);

(8) Special Committee to Develop Public Education Campaign Outlining the Impacts on Provincial Downloading on the City of Toronto (Page 8);

(9) Personnel Sub-Committee (Page 10);

(10) Task Force to Examine Implications Inherent to Bill 108 (Page 10);

(11) Task Force on Community Access and Equity (Page 11);

(12) Office Consolidation Sub-Committee (Page 12 ); (Report to Administration Committee directly);

(13) Seniors Task Force - after Final Report is presented to Council (Page 14);

(14) Sub-Committee on Social Housing Program Reform (Page 16);

(15) Working Group on Fire and Ambulance Service Issues (Page 22);

(16) Soccer and Amateur Sports Needs Committee to Review (Page 30);

(17) Sub-Committee on Pro Transit Initiatives (Page 32);

(18) Sub-Committee on Gambling (Page 32);

(19) Task Force to Review the Taxi Industry (Page 32);

(20) Working Group on the Spadina Streetscape Design (Page 33);

(21) Steeles Avenue Sub Committee (Page 34);

(22) Two Working Groups to Monitor the Work of the Service Review Teams (Page 36);

(23) Budget Working Group of the Emergency and Protective Services Committee Toronto Licensing Commission (Page 39);

(24) Pedestrian Working Group (Page 40);

(25) Parking Committee (Page 40);

(26) Staff Working Group on the Ward Boundary Review Process (Page 42);

(27) Advisory Group on Planning Issues (Page 47);

(28) Road Allowance Sub-Committee (Page 52);

(29) Biosolids Multi-Stakeholder Committee (Page 53);

(30) Biosolids Independent Review Committee (Page 55);

(31) Keele Valley Landfill Site Liaison Committee (Page 59):

(June 28, 1999) from the City Clerk, providing for the information of the newly-formed Standing Committees, a list of the various sub-committees, special committees, advisory committees and task forces, which were formed under the previous Council-Committee structure and are now grouped under each Standing Committee in accordance with the new Committee Structure; and recommending that the Standing Committees:

(1) determine whether the mandate and membership of those sub-committees listed under the column "Sub-Committees" in Schedule 1 attached should be continued; and

(2) receive for information the balance of Schedule 1 regarding special committees, advisory committees and task forces established by Council.

(e) Request for Proposal No. 3412-99-01464 for the Acquisition of 2000 Optical Scan Vote Tabulators and 100 Touch Screen Voting Units.

The Administration Committee reports having:

(1) referred the following joint report (June 15, 1999) from the Chief Administrative Officer, the Acting Commissioner of Corporate Services, the Chief Financial Officer and Treasurer and the City Clerk, to the Chief Administrative Officer for report to the September 7, 1999, meeting of the Administration Committee:

(i) on the various other options, including leasing and rental, in consultation with the proponents who submitted this as part of their proposal, such report to include financial comparisons to the purchasing options;

(ii) including information on the feasibility of borrowing this equipment from other jurisdictions; and

(iii) on the ongoing cost of maintenance of the batteries used for these voting units;

(2) requested the City Auditor to:

(i) review the business case and the financial and technical evaluation of the proposals, including a rent-to-buy option, where included as part of the proposals;

(ii) review and evaluate the systems used in Vancouver, Ottawa, Chicago, Cook County, Philadelphia and Seattle,

and submit a report thereon to the aforementioned meeting of the Administration Committee;

(3) requested the appropriate staff to provide to the Members of the Committee and Councillors, this week on a confidential basis, additional information on the evaluation criteria, weighting and ranking, including copies of the resultant independent testing authority for compliance with the standards of the U.S. and Federal Elections Commission;

(4) requested the City Clerk to:

(i) give consideration to and report on providing orientation sessions for candidates, agents and scrutineers; and

(ii) report to the aforementioned meeting of the Administration Committee on the option of using a non-composite ballot, and on the option of requesting a change in Provincial legislation to allow a ballot design based upon the Provincial ballot; and

(5) received the report (June 28, 1999) from the City Clerk:

(i) (June 15, 1999) from the Chief Administrative Officer, Acting Commissioner, Corporate Services, Chief Financial Officer and Treasurer and City Clerk, recommending that:

(1) the City Clerk be given authority to enter into a contract with Election Systems and Software Inc., being the proponent with the highest evaluated score, for the acquisition of the necessary optical scan vote tabulators and touch screen voting units, including all necessary support and service agreements, at a capital cost not to exceed $13.05 million ($1.0 million in 1999 and $12.05 in 2000), such contract to be in accordance with the Request for Proposal and the Proposal submitted, and on terms and conditions satisfactory to the City Clerk, and in a form satisfactory to the City Solicitor; and

(2) the appropriate City officials be authorized to take the necessary action to give effect thereto.

(ii) (June 28, 1999) from the City Clerk, responding to a request by the Administration Committee on the possibility of Elections Ontario and Elections Canada cost sharing the purchase of the City of Toronto's vote tabulators and touch screen voting units; advising that at this time there is no interest at either Elections Ontario or Elections Canada to cost share the purchase of vote counting equipment with the City of Toronto; that Federal election legislation does not permit the use of equipment and Ontario's provincial election legislation currently only permits equipment to be used in by-elections; that should either of these jurisdictions choose in the future to use vote counting equipment, the City of Toronto could contract with the jurisdiction to rent the City's equipment; and recommending that this report be received for information.

(iii) (July 9, 1999) from Mr. Clinton H. Rickards, Director, Canadian Sales Global Election Systems Inc., expressing disappointment that his request to participate in the presentation of electronic voting machines to the Administration Committee has been refused.

--------

The City Clerk, and the following officials from the Clerk's Division, gave a presentation to the Administration Committee respecting the foregoing matter, and filed a copy of their presentation material:

- Mr. John Hollins, Director of Elections;

- Ms. Janet Andrews, Senior Elections Consultant and Co-Chair of the Evaluation Committee;

- Mr. Stephen Miller, Senior Elections Consultant; and

- Mr. Greg Essensa, Senior Elections Consultant.

The following persons appeared before the Administration Committee in connection with the foregoing matter:

- Mr. Jamie Aiello, t.e.s.t.;

- Mr. John Meraglia, Co-Chair of the Evaluation Committee;

- Mr. Bob Urosevich and Mr. Clint Rickards, Global Election Systems Inc.;

- Mr. Dan McGinnis, Vice President of Sales, Election Systems and Software;

- Councillor Michael Walker; North Toronto;

- Councillor Mario Silva, Trinity Niagara;

- Councillor Mario Giansante, Kingsway Humber; and

- Councillor Bob Davis, York Eglinton.

(f) Review of Former City of York Employees' Pension Plan Financial Status.

The Administration Committee reports having deferred consideration of the following report and communication until its Special Meeting scheduled to be held on July 21, 1999:

(1) (June 3, 1999) from the Chief Financial Officer and Treasurer, reporting as requested by Council on December 16 and 17, 1998, on how the City of York Employees' Pension Plan came to be in its current negative financial situation; advising that the current financial situation of the York Pension Plan can in large part be traced to the minimum funding strategy adopted by the former City of York; that pension and benefit improvements which substantially increased the liabilities of the Plan were not funded or provided for at the time they were granted; that it appears that there was an expectation that benefit improvements would be funded by future plan surpluses which did not materialize; that in effect, the former City of York followed a pay as you go practice; that the York Pension Plan is now virtually fully retired with only five active members remaining; that future actuarial gains or losses will arise primarily through investment performance, pensioner increases and pensioner mortality; that the actuarial assumptions of the plan should be reviewed and updated to reflect plan provisions and current economic conditions; that recommendations in this regard will be brought forward with the results of the December 31, 1998 actuarial review; and recommending that this report be received for information.

(2) (July 8, 1999) from Councillor Bruce Sinclair, Rexdale Thistletown, recommending that:

(1) the Actuary, Robert Camp, be requested to prepare a list of caveats and recommendations as soon as possible, for all trustees and staff who have any connection with the other four pension funds; and

(2) the Chief Financial Officer and Treasurer be requested to report to the Administration Committee within six months on:

(i) the progress made in the implementation of the actuary's recommendations; and

(ii) the progress toward harmonization in the City's five funds, from a "best practices" point of view.

(g) Late Agenda Items for Committee and Council Meetings.

The Administration Committee reports having:

(1) referred the following communication to the City Clerk for further consideration and report thereon to the Administration Committee for its meeting scheduled to be held on September 7, 1999; and

(2) requested the City Clerk to write to each Member of Council inviting comments respecting this matter and report thereon to the aforementioned meeting of the Administration Committee:

(June 17, 1999) from the City Clerk, advising that City Council on June 9, 10 and 11, 1999, struck out and referred Clause No. 4 of Report No. 6 of The Corporate Services Committee, headed "Late Agenda Items for Committee and Council Meetings", to the Administration Committee for further consideration.

(h) Long Term Disability and Sick Day Usage 1997 - 1998 City Programs for Employees.

The Administration Committee reports having:

(1) deferred consideration of the following report until its Special Meeting to be held on July 21, 1999; and

(2) requested the Acting Commissioner of Corporate Services to submit a further report to the aforementioned Special Meeting of the Committee on the sick day usage by other employees e.g., the Toronto Police, the Toronto Transit Commission and the Toronto Firefighters:

(June 25, 1999) from the Executive Director of Human Resources, providing information on City programs available to assist employees dealing with the impact of changes resulting from amalgamation, including the impact of downsizing; providing information on long term disability and sick day usages for employees for 1997 and 1998, as potential indicators of the stressful effects of downsizing; advising that sick day usage and LTD claims will continue to be closely monitored; that programs that have been initiated to help deal with the impact of change resulting from amalgamation and downsizing will be maintained and supported; that additional supports and programs under development as a longer-term strategy will maintain a high priority in 1999; and recommending that this report be received for information.

(i) Temporary Employees with Length of Service from Two to Ten Plus Years.

The Administration Committee reports having received the following report from the Executive Director of Human Resources:

(June 22, 1999) from the Executive Director of Human Resources, reporting on the issue raised by Councillor Howard Moscoe respecting the large number of temporary employees employed by the former Area Municipalities; advising that information on the number of temporary employees with length of service from two to 10 plus years as of February, 1999, is presented in Appendix 1; that this information raised questions as to the reasons the former Area Municipalities had temporary positions and employees, the reason for the large numbers with long service and plans to address the issue of employee status; that the combination of budget pressures, restructuring, establishment freezes and uncertainty leading up to amalgamation have contributed to the large number of temporary positions and employees; that employment status issues will be dealt with as part of the collective bargaining process; and recommending that this report be received for information.

--------

The following persons appeared before the Administration Committee in connection with the foregoing matter:

- Mr. Bill Crangle; and

- Councillor Howard Moscoe, North York Spadina.

(j) Relocation of Lottery Licensing Staff (Scarborough) to York Civic Centre.

The Administration Committee reports having deferred consideration of the following communications until the meeting of the Administration Committee scheduled to be held on September 7, 1999:

(i) (June 29, 1999) from the City Clerk, advising that the Scarborough Community Council on June 22, 1999, approved, a request by Councillor Bas Balkissoon that the City Clerk report to the Administration Committee, as soon as possible, respecting the reorganization of the Clerk's Department, specifically the intention to relocate the Scarborough Lottery Licensing function and staff to the York Civic Centre; and that, in the interim, no action be taken on this relocation until this report is provided; and

(ii) (July 7, 1999) from the City Clerk, responding to the request of the Scarborough Community Council on proposed changes to the organizational structure of the Legislative Services Unit; advising that centralization of the lottery licensing and birth registration processes will not only eliminate current workload demands on the customer service staff, but would ensure consistency and standardization of service delivery across the City, and better utilize human resources; that centralizing the gaming function at the York Civic Centre and birth registration at the East York Civic Centre will alleviate the issue of providing full Legislative Services' functions with only two staff; that in order to provide efficient and effective customer services at Toronto City Hall and the five Civic Centres it is necessary to reallocate staff and functions, specifically the centralization of lottery licence processing in York and the processing of birth registrations in East York; that the reorganization will improve the current level of service and maximize the use of available resources; and recommending that this report be received for information.

(k) Selection and Recruitment Process for Commissioner of Corporate Services and Commissioner of Urban Planning and Development Services.

The Administration Committee reports having deferred consideration of the following communication and report until its Special Meeting scheduled to be held on July 21, 1999:

(i) (June 18, 1999) from the City Clerk, advising that City Council on June 9, 10 and 11, 1999, during its consideration of a confidential report (June 9, 1999) from the Chief Administrative Officer, entitled "Position of Commissioner of Corporate Services", amongst other things, adopted the following:

"(4) a selection panel, consisting of the members of the Administration Committee, and Councillors Disero, Jakobek, Layton and O'Brien, be established, and the quorum of the selection panel be 50 percent of the membership of the Administration Committee;

(5) the recommendations of the selection panel be submitted to the Administration Committee and Council;

(6) in the interim, the Chief Administrative Officer take responsibility for the Corporate Services Department until such time as a recommendation on the appointment of an Acting Commissioner of Corporate Services is made to City Council for approval;"; and

(ii) (July 2, 1999) from the Chief Administrative Officer, describing the process to recruit and select candidates for two vacant senior executive positions; and recommending that:

(1) the selection panel established by Council on June 9, 1999, be expanded to include the Chair of the Planning and Transportation Committee; and

(2) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

(l) Property Houses Transfer.

The Administration Committee reports having deferred consideration of the following report until the meeting of the Administration Committee scheduled to be held on September 7, 1999:

(June 24, 1999) from the Chief Executive Officer, Toronto Housing Company, advising that the Board of the Toronto Housing Company Inc., at its meeting of June 24, 1999, during its consideration of a report (June 21, 1999) from the Chief Executive Officer, entitled "Property Houses Transfer", adopted the following resolutions with respect to the aforementioned report:

"(1) That the Board of Directors forward this report to the Administration Committee and City Council with the recommendation that Council grant approval of the changes to the transaction outlined in this report, that Council declare all of the property houses surplus in accordance with such changes and that the appropriate city officials carry out whatever actions are necessary to give effect to Bylaw No. 551-1998;

(2) that the Toronto Housing Company accept a conveyance of the Property Houses upon the terms set out in Clause No. 3 of the Corporate Services Committee Report No. 4 as amended, of the Property House portfolio, except for the 15 properties required to be sold as described in the said clause ("the Sale Properties");

(3) that, subject to City Council's concurrence, the Toronto Housing Company through the Chief Executive Officer, offer for sale and accept offers to purchase respecting the Sale Properties, on the City's behalf;

(4) that the Toronto Housing Company accept from the City the proceeds from the sale of the Sale Properties;

(5) that the Toronto Housing Company continue to manage the Sale Properties under the Property House Leases until each Sale Property is sold, respectively; and

(6) that the appropriate Toronto Housing Company Officials be authorized to take the necessary actions to give effect thereto."

________

Mr. Sydney Brooker, appeared before the Administration Committee in connection with the foregoing matter.

(m) Phase 1 Renovation in Toronto City Hall - Recommended Actions in Response to Office Consolidation Sub-Committee Motions and Additional Budget Requirements.

The Administration Committee reports having received the following communication:

(June 16, 1999) from the City Clerk, advising that the Office Consolidation Sub-Committee on June 9, 1999, during its consideration of a communication (May 28, 1999) from the City Clerk, addressed to the Policy and Finance Committee regarding Phase 1 Renovation in Toronto City Hall, and a communication (May 5, 1999) from the City Clerk addressed to the Commissioner of Corporate Services advising of the following action taken by the Strategic Policies and Priorities Committee on May 4, 1999:

(1) received the foregoing communications;

(2) forwarded the matter to the Administration Committee for consideration;

(3) requested the Commissioner of Corporate Services to respond to the recommendations of the Strategic Policies and Priorities Committee on May 4, 1999, in the aforementioned communication, directly to the Administration Committee;

(4) requested the Commissioner of Corporate Services also to prepare a report directly to the Administration Committee in response to the Budget Committee's request for additional information; and

(5) requested that the foregoing information be sent to all members of the Office Consolidation Sub-Committee.

(n) Retention of Former Employees as Expert Witnesses at Ontario Municipal Board Hearings.

The Administration Committee reports having deferred consideration of the following report until its Special Meeting scheduled to be held on July 21, 1999:

(June 25, 1999) from the City Solicitor, advising that in situations where Council does not adopt the recommendations of Planning Division staff with respect to development applications and the matter is appealed to the Ontario Municipal Board, internal planning staff are unable to provide evidence at the Board at the hearing of the matter; that in these circumstances, the City Solicitor is required to retain the services of an outside planning consultant to provide expert evidence at the Board; that outside consultants are retained on a short term basis from one week to several months depending on the particular file; that they are paid for the number of hours worked on the file based on an estimate provided at the time they are retained; that the City Solicitor determines the most appropriate outside consultant to retain based on among other matters, the issues raised by the particular file, the expertise of the consultant, the consultant's perceived credibility before the Board and their previous Board experience; and recommending that the City Solicitor be authorized to retain former employees who received a termination package from the City on a short term basis as may be required from time to time, to provide evidence at Ontario Municipal Board hearings in support of Council's position where staff are unable to provide evidence in support of Council's position.

(o) Public Access Defibrillation Program.

The Administration Committee reports having received, with thanks, the following reports:

(June 28, 1999) from the Commissioner of Corporate Services, reporting, as requested by City Council on June 9, 1999, on the reasons for the delay in the start-up of the Public Access Defibrillation Program at Toronto City Hall and Nathan Phillips Square, and the steps being taken to ensure Council's policy for a quick start of this program no later than September 1, 1999; advising that the Commissioner of Works and Emergency Services has provided a report to the Administration Committee detailing the reasons for the delay and the steps being taken to ensure implementation no later than September 1, 1999; that it is expected that the Public Access Defibrillation Pilot Project and City Hall and Nathan Phillips Square will be fully implemented in accordance with Council's revised amendment to have the program fully operational by September 1, 1999; and recommending that this report be received for information.

(June 28, 1999) from the Commissioner of Works and Emergency Services, reporting on the current status of the implementation of the Public Access Defibrillation Program pilot project at City Hall, Nathan Phillips Square and Metro Hall; advising that Toronto Ambulance had taken the lead role in promoting the cardiac safe city concept for the City of Toronto; that during the process of implementing the project a number of delays were encountered, which made it difficult to achieve the January 1, 1999, deadline; that while delays have been encountered involving the implementation of the pilot program, other initiatives had taken place in order to expand the concept of public access defibrillation throughout the City; that in June, 1999, all members of the Toronto Police Services Marine Unit were trained to perform defibrillation and the primary response boats were equipped with defibrillators to ensure immediate response to waterfront emergencies; that it is expected that the Public Access Defibrillation Pilot Project at Nathan Phillips Square and City Hall will be fully implemented in accordance with Council's revised amendment to have the program fully operational by September 1, 1999; and recommending that this report be received for information.

(p) 1999 Parking Tag Issuance - January to March 1999.

The Administration Committee reports having received the following report:

(June 3, 1999) from the Chief Administrative Officer and Treasurer, reporting on parking tag issuance and other key indicators for the first quarter of 1999; advising that this report reflects parking enforcement and collection activities of the Corporation for the period ending March 31, 1999; attaching the following schedules:

Schedule 1 Monthly Tag Issuance, Collection Rate and Revenue for 1999;

Schedule 2 Collection Rate Activity for Tags Issued in Prior Years (1989-1998);

Schedule 3 Parking Tag Receivables (1989-1998);

Schedule 4 Summary of Trial Request, Conviction Rates, and Review Activity;

Schedule 5 Summary of Expenditures for Parking Tag Operations; and

Schedule 6 Parking Tags Issued by former Municipal By-Law Group;

and recommending that this report be received for information.

(q) Code of Conduct for Members of Council Inclusive of Lobbyist Provisions.

The Administration Committee reports having deferred consideration of the following report until its meeting scheduled to be held on September 7, 1999:

(June 29, 1999) from the Chief Administrative Officer, recommending that:

(1) the Code of Conduct be used as the vehicle for Council members to deal with lobbyists since the City lacks the legal authority to enact and enforce an effective lobbyist registry system;

(2) the Code of Conduct for Members of Council in Attachment 1 to this report be adopted;

(3) the Code of Conduct apply in spirit and intent to Council appointees and others who serve on City agencies, boards, commissions and other bodies, subject to any necessary (legal) modification, as described in section XIII of the Code of Conduct;

(4) an "Ethics" Steering Committee be created to recommend a process for monitoring the implementation of the Code of Conduct and to consider the additional policy matters raised in this report with the assistance of CAO, Legal, Clerk's and Audit staff as required; and

(5) the appropriate City officials be authorized and directed to take the necessary action to give effect thereto.

(r) Legal Challenge Against City of Toronto and Toronto Transit Commission - Status Update.

The Administration Committee reports having received the following confidential report:

(July 6, 1999) from the City Solicitor on the status of the legal challenge against the Toronto Transit Commission and the City of Toronto.

Respectfully submitted,

LORENZO BERARDINETTI

Chair

Toronto, July 13, 1999

(Report No. 2 of The Administration Committee, including additions thereto, was adopted, as amended, by City Council on July 27, 28, 29 and 30, 1999.)