Members of Council and Staff: Please keep this agenda and the accompanying material until the City Council meeting dealing with these matters has ended. The City Clerk’s Office will not provide additional copies.

Special Assistance for Members of the Public: City staff can arrange for special assistance with some advance notice. If you need special assistance, please call (416-392-8485), TTY 416-338-0889 or e-mail ( exc@toronto.ca ).

Closed Meeting Requirements: If the Executive Committee wants to meet in closed session (privately), a member of the committee must make a motion to do so and give the reason why

the Committee has to meet privately. (City of Toronto Act, 2006)

Notice to People Writing or making presentations to the Executive Committee: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City's website. The City will also make your communication and any personal information in it - such as your postal address, telephone number or e-mail address - available to the public, unless you expressly request the City to remove it.

The City videotapes committee and community council meetings.  If you make a presentation to a committee or community council, the City will be videotaping you and City staff may make the video tapes available to the public.

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or by calling 416-392-8485.

Declarations of Interest under the Municipal Conflict of Interest Act.

Confirmation of Minutes -February 1, 2010

Speakers/Presentations - A complete list will be distributed at the meeting.

Communications/Reports

 The City Manager recommends that Council:

1.         Adopt the Relationship Framework for the Board of Governors for Exhibition Place, attached as Appendix 1 to replace the Memorandum of Understanding between the Board of Governors and the Municipality of Metropolitan Toronto dated July 4, 1983.

2.         Authorize the City Solicitor to introduce the necessary bills to add a chapter to the Toronto Municipal Code in order to incorporate the proposed by-law substantially as set out in Appendix 2.

3.         Authorize the City Manager on advice of the City Solicitor to make technical amendments and updates to the Relationship Framework as required from time to time pursuant to Council decisions and legislative changes.

This report recommends adoption of the Relationship Framework governing the relationship between the City and the Board of Governors of Exhibition Place. This report also recommends by-laws under the Municipal Code to operationalize the Framework.

This Relationship Framework which was developed in collaboration with the administration and members of the Exhibition Place Board of Governors and the City Solicitor’s Office, and in consultation with Financial Planning Division, is attached as Appendix 1, with corresponding proposed by-laws attached as Appendix 2.  The Board of Governors of Exhibition Place concurs with the Relationship Framework and has requested the City Manager to proceed with City approvals.

In its consideration to reimburse certain legal expenses incurred by Councillors while candidates in the 2006 Municipal Election, City Council requested a report to the March 1, 2010 Executive Committee on creating a candidate protection fund.

In the time available in response to Council’s request, staff have reviewed possible options to protect candidates for costs arising from the 2010 Municipal Election which include establishing a fund and private independent insurance coverage.

A subsequent report to the June, 2010 Executive Committee meeting will be submitted by the City Manager on providing candidate protection.

There are no financial implications arising from this report.

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

There are no financial implications as a result of this report.

The Executive Director, Social Development, Finance and Administration, recommends that:

1.         City Council request the Director of Real Estate Services to confirm the availability of the City-owned lands within the Identified Block for reconfiguration to facilitate a new head office and services facility location for Woodgreen Community Services.

2.         City Council authorize the Director of Real Estate Services to negotiate a Memorandum of Understanding with Woodgreen Community Services and the Toronto Parking Authority (“TPA”) for the reconfiguration of the Identified Block to include a new location for Woodgreen Community Services, generally in accordance with the proposed principles and reconfiguration illustrated in the confidential attachment.

3.         City Council direct the Director of Real Estate Services to report back through the Government Management Committee on the proposed real estate transaction(s) including terms for the acquisition, exchange and/or reconfiguration of the lands within the Identified Block and responsibility for associated costs.

4.         City Council authorize the public release of the confidential information contained in Attachment 1 when the Memorandum of Understanding or other agreement is adopted by City Council.

Woodgreen Community Services (“WCS”) is a non-profit, multi-service organization offering a range of social services to approximately 37,000 individuals every year. WCS provides programs and services from 22 different locations within the east central portion of the City including an aging facility at 835 Queen Street East.  WCS has been searching, since 2001, for a location for a new facility where it could integrate its services, accommodate growth to meet changing needs in the community, and improve its accessibility by public transportation.  It approached the City to assist it in this search.

WCS has identified a preferred location fronting on Danforth Avenue, within a portion of the block bounded by Coxwell Avenue and Rhodes Avenue and the public lane to the south (the

“Identified Block”), and where the majority of such lands is within WCS and City ownership.

The purpose of this report is to authorize the Director of Real Estate Services to negotiate a Memorandum of Understanding (“MOU”) with WCS to reconfigure the Identified Block to facilitate the establishment of a site for the proposed new WCS facility.

The purpose of this report is to provide an annual summary of the City’s donation activity as required by section 4.15 of the Policy on Donations to the City for Community Benefits.

For the 2008 fiscal year, more than 50 City Programs (divisions as well as some agencies, boards and commissions) received over 6,150 donations with a total value of over $1.9 million. Donations were made by both individuals and organizations and came in largely from local areas of the City, but also from other parts of the province, the country and even internationally.

It is important to note that the 2008 summary only pertains to donations for which tax receipts were issued by the City itself. Programs that issue their own tax receipts, such as the Toronto Public Libraries and the Toronto Zoo, are not included in this summary. Moreover, since the summary is based solely on tax-receiptable donations, the actual value of contributions to the City is likely higher.

The Toronto Office of Partnership will report back on the City’s 2009 donation activity in the Fall of 2010.

There are no financial implications arising from this report. 

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

The Budget Committee recommends to the Executive Committee that:

1.         City Council approve the deferred and accelerated cash flows in the amount of $13,500,000 detailed in Table 1 of the report (February 2, 2010) from the General Manager, Transportation Services, which will have no net impact on the approved 2010 debt.

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

The Budget Committee on February 17, 2010, considered a report (February 2, 2010) from the General Manager, Transportation Services, entitled "Transportation Services – 2010 Cash Flow Reallocations and Deferrals.

There are no financial implications as a result of this report.

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

On January 12, 2010, a catastrophic 7.0 magnitude earthquake struck the island nation of Haiti, followed by a series of aftershocks with magnitudes ranging from 5.0 to 5.9.  The International Red Cross estimates that approximately three million of the ten million inhabitants were affected by the earthquake with the Haitian Interior Minister reporting upwards of 200,000 dead.

In the nation’s capital, Port-au-Prince, most major landmarks were significantly damaged or destroyed, including the buildings of the finance ministry, the ministry of public works, the ministry of communication and culture, the Palace of Justice, the Superior Normal School, the National School of Administration, the Institut Aimé Césaire, Parliament, the Presidential Palace, the National Assembly building, the Port-au-Prince Cathedral, the main jail as well as most hospitals in the area. 

The headquarters of the United Nations Stabilization Mission in Haiti (MINUSTAH) in Port-au-Prince collapsed and the Mission's Chief, Hédi Annabi, his deputy, Luiz Carlos da Costa, and the acting police commissioner have all been confirmed dead.  Since the government administrative structures in Haiti have been destroyed, Elisabeth Byrs of the UN is calling this the worst disaster the United Nations had ever experienced.

Scattered reports of looting and violence have escalated the devastation, and the magnitude of this disaster will be amplified by an inevitable public health epidemic due to lack of clean water, food, proper sewage disposal, and health care.

On January 13, 2010, Her Excellency, the Right Honourable Michaelle Jean, Canada’s Governor General and a refugee from Haiti, gave the following statement:

"Now more than ever, it is time for us to show our solidarity with the most vulnerable people in the Americas, our brothers and sisters in Haiti, whose courage is once again being so harshly tested…Yesterday, fate once again turned against the people of Haiti, who had only just begun to see a glimmer of hope…Like me, Haitian communities across Canada are heartbroken and overwhelmed by the magnitude of this catastrophe. The images and news reports are unbearable to watch -- so much distress, suffering and loss.  I salute the friendship and solidarity being demonstrated all across Canada and throughout the international community."

Canada has a large population of Haitian immigrants, most particularly in Montreal and Toronto.  This is an international disaster requiring immediate and aggressive international intervention.  Together, the sister nations in the Americas must work together to rebuild this shattered nation to a level of international standards.  Ensuring that Haitian citizens and residents have access to clean drinking water, hospitals and schools is of paramount importance if we are to stop the cycle of poverty in a nation that scarcely has resources of its own. 

(Submitted to City Council on January 26 and 27, 2010 as MM45.3)

Councillor Ainslie, seconded by Councillor Ootes, recommends that:

1.         City Council request the City Manager, in consultation with the City Clerk, to report to the Executive Committee on establishing a term limit for Council Member appointments to agencies, boards, commissions and corporations, effective with the next term of Council.

City Council appoints Members of Council and members of the public to various agencies, boards, commissions and corporations.  Council has established term limits for citizen appointments.  In order to give more Council members the opportunity to serve on these bodies, Council should also establish term limits for Council Member appointments to agencies, boards, commissions and corporations.  This Motion asks the City Manager, in consultation with the City Clerk, to report to the Executive Committee on establishing term limits for Council Member appointments to agencies, boards, commissions and corporations to be effective with the next term of Council.

(Submitted to City Council on January 26 and 27, 2010 as MM45.12)

Councillor Ainslie, seconded by Councillor Ashton, recommends that:

1.         City Council request the City Manager to report to the Executive Committee on the benefits of asking the Toronto Transit Commission to establish a citizen advisory committee.

Councillor Ainslie, seconded by Councillor Stintz, recommends that:

1.         City Council request the City Manager to report to the Executive Committee on the necessary steps to change the composition of the Toronto Transit Commission to appoint six members of the public to the Commission, effective with the next term of Council, so that the TTC would be composed of six members of the public and three Members of City Council.

The Toronto Transit Commission (TTC) is currently composed of nine Members of City Council.  City Council and the TTC would benefit from the perspective of the public if members of the public were appointed to serve on the Commission. This Motion asks the City Manager to report to the Executive Committee on the necessary steps to change the composition of the TTC to appoint six members of the public to the TTC, with a business background, effective with the next term of Council, so that the TTC would be composed of six members of the public and 3 Members of City Council.  The requested report should include but not be limited to the necessary amendments to the Public Appointments Policy, Council Procedures, if required, and remuneration of citizen members, parameters for their business experience.

(Submitted to City Council on January 26 and 27, 2010 as MM45.11)

This report seeks authority to enter into an agreement with Citizenship and Immigration Canada (CIC) to receive funding for innovative pilot programs for newcomers in Toronto.

City staff have identified pilot programming in Children’s Services, Parks Forestry and Recreation, Toronto Public Health and Social Development, Finance and Administration designed to provide additional supports to newcomers in accessing City and community based services.

The Deputy City Manager recommends that:

1.         the City enter into an agreement retaining Toronto Portlands Company to provide planning, design, environmental risk assessment and other pre-development services to the City for a proposed sports centre in the Port Lands, with the agreement to be on terms satisfactory to the Deputy City Manager and in a form approved by the City Solicitor, and with compensation to Toronto Portlands Company under that agreement not to exceed $3.511 million; and

2.         the appropriate City Officials be authorized and directed to take the necessary action to give effect thereto

Councillor Moscoe, seconded by Councillor Fletcher, recommends that:

1.         Toronto Council establish the office of Independent Council.

2.         That the terms of reference for this office be:

a.         To represent the interests of Members of Council both collectively and individually in matters related to their function as elected representatives and members of Toronto Council.

b.         To advocate for the interests of Council and Members of council in matters related to their rights as elected representatives in dealing with, but not limited to:  the public, the media, agencies boards and commissions, external organizations, other orders of government and their agencies and the City of Toronto.

c.         To report directly to Council.

d.         To receive support as required from the City Manager in consultation with the  Mayor and the Clerk.

3.         That the Mayor in consultation with the City Manager, City Solicitor and Treasurer report directly to Council on the anticipated staffing and budget required to support the office of independent Council.

4.         The Initial budget for the establishment of this office be taken from the current budget of the City Solicitor and various legal reserves with a view to establishing a discrete budget for this function in the 2012 budget.

In recognizing the necessity to protect the public interest Council has established a number of accountability positions.   The Auditor General holds Council and the administration accountable for stewardship of public funds and value for money in public operations.   We have an Integrity Commissioner to ensure adherence to Codes of Conduct and ethical behaviour. 

The Ombudsman oversees administrative practices to ensure that the public are treated fairly by the civil service.  The Lobbyist Registrar watches over the integrity of the City’s decision-making through public disclosure of lobbying activities and lobbyists’ conduct. 

We also employ a Fairness Commissioner to ensure that business dealings with the city are open and transparent. 

The one missing component in all of this protection is that there is nobody to advocate for Council and members of Council. 

Over the past term of council elected representatives are increasingly coming under attack.  Politicians are considered fair game and are frequently being used for target practice by both the media and disgruntled individuals.   Any individual, who has $300, can for whatever reason, launch a law suite and push a member of Council towards financial ruin.  

The City Legal Department has made it quite clear that they represent the City of Toronto and not its elected representatives. 

Because there are a number of emergent issues it is important that we act quickly on this matter. To do so will require access to existing funding.  For that reason we should use both legal reserves and existing funds within the current legal department’s budget.  The presence of Independent Legal Council will take pressure off the department in that much of the work that is presently being done for Council will be taken up by the New Office of Independent Council.

For example, this year the Solicitor spent some $250,000 to commission independent legal opinion on MFIPA and substantial additional legal fees seeking a court determination of Council and councillor’s rights under MFIPA.  This kind of work will now be undertaken by Independent Legal Council.