The Executive Committee recommends that:

1.         City Council, in its role as Shareholder of the Toronto Community Housing Corporation, receive, for information, Toronto Community Housing Corporation’s 2010 – 2012 Community Management Plan.

2.         City Council request the City Manager to:

a.         Identify opportunities and resources to assist TCHC to support vulnerable tenants who reside in TCHC.

a.         Report to the Executive Committee on the $7million shortfall related to solid waste levies and its effect on TCHC operations in regard to the continued operations of RGI Units (Rent Geared-to-Income.)

3.         City Council request the Affordable Housing Office to work with TCHC to implement the Shareholder Direction that required TCHC to develop a divestment policy to ensure the creation of housing co-operatives.

4.         City Council request the City Clerk to forward a copy of the report (May 27, 2010) from the City Manager, and City Council’s decision to the Board of Directors of the Toronto Community Housing Corporation as the City’s response to the Plan.

The following persons gave a presentation to the Executive Committee respecting the Toronto Community Housing Corporation 2010-2012 Community Plan:

Ms. Keiko Nakamura, Chief Executive Officer, Toronto Community Housing Corporation
Mr. David Mitchell, Chair, Board of Directors, Toronto Community Housing Corporation

The City’s Shareholder Direction to Toronto Community Housing Corporation (TCHC) requires TCHC to submit an annual Community Management Plan (CMP) to the City for comment. The CMP is a rolling three-year business plan including long-term business strategies but it is not a detailed activity plan.

This report and the accompanying Attachment A, entitled Toronto’s 2008 Performance Measurement and Benchmarking Report, provide service/activity level and performance measurement results in 27 service areas. It includes up to nine years of Toronto’s historical data to examine internal trends, and compares 2008 results externally to 14 other municipalities through the Ontario Municipal CAOs Benchmarking Initiative (OMBI).

In November 2009, the 15 OMBI member municipalities released a joint report entitled OMBI 2008 Performance Benchmarking Report (OMBI Joint Report), which is included as Attachment B. The OMBI Joint Report provides 2006 to 2008 summary data in 26 service areas. Municipal results for each performance measure are presented as information in alphabetical order. The report does not attempt to interpret or rank the results of municipalities in any way.

Toronto’s 2008 Performance Measurement and Benchmarking Report, expands on the OMBI Joint Report by focusing on Toronto’s results in terms of our internal year-over-year changes and longer term trends, and the ranking of Toronto’s results in an external comparison to the other OMBI municipalities. It also includes one additional service area, more performance measures and service level indicators, identification of key factors influencing Toronto’s results, and highlights Toronto initiatives that have, or will be implemented that are expected to further improve the efficiency and effectiveness of our operations. There are also four new service areas included in this year's report being Accounts Payable Services, General Revenue Services, Investment Management Services and Legal Services.

Toronto is unique among Ontario municipalities because of its size and its role as the centre of business, culture, entertainment, sporting and provincial and international governance activities in the Greater Toronto Area. The most accurate comparison for Toronto is to examine our own year-over-year performance and longer-term historical trends. Toronto’s 2008 Performance Measurement and Benchmarking Report includes up to nine years of historical data for 44 service/activity level indicators and 118 measures of efficiency, customer service and community impact.

Notwithstanding Toronto’s unique place in Ontario, there is also value in comparing Toronto’s 2008 results to those of other Ontario municipalities. Toronto’s results have been ranked by quartile, in relation to other municipalities for 52service/activity level indicators and 118 performance measures. Between Toronto’s 2007 and 2008 Benchmarking Reports, there has been very little change in Toronto’s quartile ranking for each of the indicators and measures in relation to other municipalities. Changes in Toronto’s quartile ranking for individual measures are more likely to occur over a five-year or longer period.

Factors that make Toronto unique, such as our high population density, more developed urban form and older infrastructure, can have a significant influence on why Toronto’s results are higher or lower in relation to other municipalities. To assist in understanding the impact these factors can have on Toronto’s ranking, the attached report has grouped measures from across service areas based on these key influencing factors.

It has also been recognized that Toronto should expand its benchmarking work beyond Ontario to a broader world context. Staff have been dealing first with the World Bank, and now with the Global City Indicators Facility (GCIF) to develop a standardized set of city indicators that measure and monitor city performance and quality of life globally. Toronto staff have made a significant contribution to this work to date, such as the sharing of our experiences in benchmarking work done through OMBI and FCM’s Quality of Life Initiative. Toronto has been recognized by staff of the World Bank and the GCIF as one of the world leaders in these areas.

Toronto’s 2008 Performance Measurement and Benchmarking Report also includes, in Appendix 1 to Attachment A, findings from a supplementary review of By-Law Enforcement Services. Toronto’s average time to close complaints/requests for investigations, is higher/longer than other municipalities and this review describes the steps that have, and are being taken to improve the efficiency, and timeliness of service.

The Executive Committee recommends that:

1.         City Council delegate final decision-making authority to the Toronto and East York Community Council to make citizen appointments to the Balmy Beach Park Board of Management.

2.         City Councl amend the City of Toronto Municipal Code Chapter 27, Council Procedures, to give effect to the delegation referred to in Recommendation 1 as set out in the proposed by-law attached as Appendix 1, to the report (May 21, 2010) from the City Manager, subject to any minor technical and substantive changes as deemed appropriate by the City Solicitor.

3.         City Council approve the following minor changes to the nomination process, board composition and term of office and include such changes in a new by-law:

             a.        remove the requirement for the Mayor to nominate the citizen members, and allow the Board of Management to submit the names of eligible nominee(s) directly to the Toronto and East York Community Council for appointment;

             b.        amend the board composition by deleting the Mayor and adding the Ward Councillor for Beaches-East York, Ward 32, and remove the requirement for the citizen members to be qualified to be elected as members of Council; and

             c.        change the term of office when appointments are made from a two-year term starting the first day of July in the year of the appointment to a term of up to four years and until successor(s) are appointed, with appointees serving at the pleasure of Council.

4.         City Council direct staff to include in the new by-law the current residency requirement and a provision that board members who continue to meet such residency requirement are eligible for reappointment.

5.         City Council authorize the City Solicitor to introduce the necessary bills to give effect to the above and to add a Chapter to the Toronto Municipal Code to incorporate the proposed new by-law as set out in Appendix 2, to the report (May 21, 2010) from the City Manager, subject to any minor technical and substantive changes as deemed appropriate by the City Solicitor.

The Executive Committee recommends that:

1.         City Council adopt Appendix A attached to the report (May 27, 2010) from the City Manager as the City of Toronto Statement of Commitment to Aboriginal communities in Toronto.

2.         City Council request the City Manager to report to Council on the development of an Action Plan in consultation with the Aboriginal Affairs Committee to give effect to the commitments contained in Appendix A to the report (May 27, 2010) from the City Manager.

3.         City Council direct that because of the increasing size of Aboriginal communities in urban areas across Canada, the City of Toronto continue to meet with Federal and Provincial officials to discuss the City’s formal role in the policy development process regarding urban Aboriginal issues and that the City’s participation be guided by the commitments outlined in Appendix A  to the report (May 27, 2010) from the City Manager.

4.         City Council express its appreciation to the members of the Aboriginal Affairs Committee for their partnership role in the development of this Statement of Commitment and to members of the Aboriginal community for their participation  in this process.

This report responds to City Council’s decision to develop an Urban Aboriginal Framework for Toronto in consultation with Aboriginal communities in Toronto.  This report recommends a Statement of Commitment towards the Aboriginal people of Toronto and the development of an Action Plan in support of the Statement of Commitment.  The Aboriginal Affairs Committee has been consulted on this Statement of Commitment and has endorsed it.

The City of Toronto currently works with local Aboriginal communities on a wide spectrum of Aboriginal affairs and has established an Aboriginal Affairs Committee to provide advice to City Council.  A Toronto Urban Aboriginal Framework, which will provide a guiding framework that brings together community aspirations and City responsibilities, is being developed in two phases.

This report provides the result of the first phase is the proposed Statement of Commitment which has been grounded in a consultative and a research process, to outline the principles which are important to achieving strong Aboriginal-Municipal relations.  It will guide the City in its on-going relationships with Aboriginal communities, discussions with other municipalities and orders of government and inform all aspects of departmental policy, planning and service delivery throughout the Toronto Public Service in addition to being the foundation for completing Phase Two, the development of an Action Plan.

The Aboriginal Affairs Committee on May 27, 2010 considered the proposed Statement of Commitment to Aboriginal Communities in Toronto.  The Committee established a Sub-Committee which worked with City staff to develop a consultation process through which feedback was given by members of Aboriginal communities in Toronto and other stakeholders. The Sub-committee recommended that the Aboriginal Affairs Committee endorse the proposed Statement.

Members of the Aboriginal Affairs Committee noted that this proposal is forward looking in addition to being groundbreaking and places the City of Toronto in a leadership position regarding municipal Aboriginal relationships.

Members of the Committee are looking forward to working closely with the City on the development of the proposed Action Plan which is intended to give effect to the commitments outlined in the statement.

The Executive Committee recommends that:

1.         City Council extend congratulations to the following who have been selected as recipients of the 2010 City of Toronto Access Equity and Human Rights Awards:          

              Aboriginal Affairs Award:

                         Angela Connors and Kenn Richard.

 Access Award:

              Catherine Leitch, Asif Syed and the START Smart Program at

                          Centennial College.

              Pride Award:           

                         André Goh

              William P. Hubbard Award:

                         Alvin Curling and Roy McMurtry (joint award),

                                      Courtney Betty and Arnold Minors. 

Constance E. Hamilton Award

                                    Cindy Cowan

                                    Tam Goossen and

Tonika Morgan

The Executive Committee received, for information, the report (May 26, 2010) from the City Manager, entitled "Availability of Candidate Protection Insurance For Candidates In The 2010 Municipal Election".

This report is in response to the request of the Executive Committee, at its April 19, 2010 meeting, to report back on the engagement of an outside consultant to be engaged to conduct a review of the provisions dealing with the taxicab industry in Toronto Municipal Code, Chapter 545, Licensing.

In light of the 1998 Report to Review the Toronto Taxi Industry, staff have determined that before conducting a review and engaging a consultant, initial research and consultations should take place to establish what the issues are and what the scope of the resulting review and associated work should be. Once this preliminary work is accomplished, staff shall prepare a business case for the engagement of the consultant or consultants to be included in the Municipal Licensing and Standards' 2011 operating budget submission.

While the direction from the Executive Committee was to identify a budget and a source of funding for the project, it is not possible to report on these issues until we have determined the overall scope of the project.

The Executive Committee recommends that:

1.         City Council authorize the levy and collection of taxes for the 2010 taxation year on railway roadways and rights of way and on land used as transmission or distribution corridors owned by power utilities, in accordance with subsection 280(1) of the City of Toronto Act, 2006 and subsection 257.7 (1) of the Education Act.

2.         City Council grant authority for the introduction of the necessary bill to give effect thereto.

3.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

The Executive Committee recommends that:

1.         City Council authorize the levy and collection of amounts for the 2010 taxation year on hospitals, colleges and universities and correctional facilities as authorized by Section 285 of the City of Toronto Act, 2006.

2.         City Council direct that the maximum prescribed amount of $75 be applied per provincially rated hospital bed, full time student, or resident place as prescribed by Ontario Regulation 121/07.

3.         City Council grant authority for the introduction of the necessary bills in Council to levy amounts for the 2010 taxation year on hospitals, colleges and universities and correctional facilities.

4.           City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

This report requests authority to adopt by-laws to levy amounts for the 2010 taxation year for public hospitals, universities and colleges, and correctional facilities (the “institutions”), totalling approximately $15 million (annual “Heads and Beds” levy).

The Executive Committee recommends that:

1.        The City of Toronto work with the Toronto Sport Council to finalize and proceed with a bid to the Sport Alliance of Ontario for Toronto to host the 2012 Ontario Summer Games.

2.         City Council direct that should Toronto be awarded the right to host the 2012 Ontario Summer Games:

a.         authority be granted to the appropriate City officials to receive on the City's behalf a hosting grant of $600,000 from the Ontario Ministry of Health Promotion through the Sport Alliance of Ontario and hold these funds for application to Summer Games expenditures in 2011 and 2012;

b.          the General Manager, Parks Forestry and Recreation provide support and financial management for the Games Organizing Committee; and

c.         the City identify a total of $300,000 for consideration in the 2011 and 2012 Operating Budget processes as direct support to Games related expenditures.

3.         City Council direct that should Toronto be awarded the right to host the 2012 Ontario Summer Games, the General Manager of Parks, Forestry and Recreation be authorized to negotiate, approve and execute, on behalf of the City of Toronto, and in a form satisfactory to the City Solicitor, a Host City Agreement with the Sport Alliance of Ontario which, among other matters, specifies that the General Manager of Parks, Forestry and Recreation will lead the formation of a Games Organizing Committee, in cooperation with the Toronto Sports Council.

4.         City Council direct that conditional upon the signing of a Host City Agreement which provides appropriate City control of the Games' planning, financial and audit functions, the City agree to serve as the financial guarantor for the 2012 Ontario Summer Games should a deficit occur.

5.         City Council direct that the General Manager of Parks, Forestry and Recreation, in consultation with the Deputy City Manager and Chief Financial Officer, and other appropriate staff, ensure that the Host City Agreement and the governance and administrative structures of the Games Organizing Committee provide for appropriate City control of the Games' planning, financial and audit functions, reflecting the City's position as the Games' deficit guarantor.

The Toronto Sports Council (TSC) has initiated a bid with the Sport Alliance of Ontario for Toronto to host the 2012 Ontario Summer Games (OSG). This report seeks Council approval for the City of Toronto to join and proceed with the bid, provide a Games deficit guarantee, and, should the bid be successful, provide a financial contribution and enter into a Host City Agreement and related arrangements which will protect the City's interests and ensure the success of the Games.

The bid guidelines require that the host municipality be the financial guarantor for the Games should a deficit occur. Since 1970 when the Ontario Summer (Youth) Games began, there has never been an operating deficit. The Games Organizing Committee (GOC) is required to work closely with the Sport Alliance of Ontario to ensure that the Games meet all technical and financial requirements. The projected budget to host the OSG in Toronto in 2012 is $1.68 million. Financial contributions confirmed to date include:

i.          a hosting grant of $600,000 from the Ministry of Health Promotion through the Sport Alliance of Ontario;

ii.          participant registration revenue of $210,000; and

iii.         a $65,000 contribution from Tourism Toronto (comprised of $25,000 in cash and $40,000 in-kind).

In order to effectively manage, plan and execute the Games a financial contribution of $300,000 will be required of the City.

Through the TSC, the volunteer sport sector in Toronto has embraced the opportunity to host the 2012 Ontario Summer Games. The theme of the bid is ‘Building the Base’. This theme reflects the need for Toronto to prepare itself for the requirements of hosting the 2015 Pan American and Parapan American Games and to advance the broader goals of:

i.          developing a larger sport volunteer base;

ii.          increasing the number of quality sport participation opportunities for all Torontonians; and

iii.         building stronger, healthier and more liveable communities through sport.

The Ontario Games are the only government-sanctioned multi-sport Games opportunity available to Toronto prior to 2015.

The Executive Committee recommends that:

1.         City Council authorize the Deputy City Manager and Chief Financial Officer to establish a reserve account called the “Gzowski Donation Reserve” for receiving cash donations from the Toronto Canadian Navy Centennial Committee in order to enhance Sir Casimir Gzowski Park.

2.         Municipal Code, Chapter 227, Reserves and Reserve Funds, be amended by adding the “Gzowski Donations Reserve” to Schedule 5 – Donations Reserves.

3.         City Council direct that all donations received by the Toronto Canadian Navy Centennial Committee and by the City for the Sir Casimir Gzowski Park enhancements be held separately in the Gzowski Donation Reserve designated for this purpose, and receipts for income tax purposes be issued by the City of Toronto to donors for eligible donations in accordance with the Income Tax Act and City policy in this regard.

4.         City Council grant authority to the General Manager, Parks, Forestry and Recreation to enter into an agreement, if necessary, with the Toronto Canadian Navy Centennial Committee to allow the Toronto Canadian Navy Centennial Committee to fundraise on behalf of the City of Toronto for enhancements in Sir Casimir Gzowski Park, in a form and content satisfactory to the General Manager, Parks, Forestry and Recreation and the City Solicitor.

5.         City Council direct and authorize the appropriate City officials to take the necessary action to give effect thereto; and that leave be granted for the introduction of any necessary Bills in Council to give effect thereto.

The purpose of this report is to obtain authorization for the General Manager, Parks, Forestry and Recreation to accept donations from the Toronto Canadian Navy Centennial Committee for the purpose of enhancing Sir Casimir Gzowski Park. Additionally, the report recommends the establishment of a reserve account in order to hold the donated funds received.

 The report will also request authority for the City of Toronto to issue receipts for income tax purposes for eligible donations in accordance with the Income Tax Act.

The Toronto Canadian Navy Centennial Committee wishes to raise up to $2,000,000.00 in order to make enhancements to Sir Casimir Gzowski Park. The funds raised will be used to develop a Navy-themed splash pad and playground.

The goals and objectives of the Toronto Canadian Navy Centennial Committee are in keeping with Parks, Forestry and Recreation’s mandate to provide recreational opportunities.

This report recommends to Council individuals to be appointed to the Compliance Audit Committee for a term of office coincident with the term of Council following the 2010 regular Municipal Election. 

The Executive Committee  recommends that:

1.         City Council support the preferred alternative of the Don Mouth Naturalization and Port Lands Flood Protection Environmental Assessment and its submission to the Minister of the Environment for approval.

2.         City Council endorse the Lower Don Lands Framework Plan (May 2010) to guide the revitalization of the Lower Don Lands.

3.         City Council authorize Waterfront Toronto to put the Lower Don Lands Class EA Infrastructure Master Plan (May 2010) in the public record in accordance with the requirements of the Municipal Class Environment Assessment.

4.         City Council endorse the Keating Channel Precinct Plan (May 2010) as it relates to lands west of and including Cherry Street.

5.         City Council authorize Waterfront Toronto to put the Keating Channel Precinct Class EA Environmental Study Report (May 2010), as it relates to lands west of and including Cherry Street, in the public record in accordance with the requirements of the Municipal Class Environmental Assessment while addressing the need for the lowering of Cherry Street North of the CN rail underpass, or an appropriate alternative design, be determined following the Class EA at the detailed design phase.

6.         City Council Defer approval of the Keating Channel Precinct Plan and Keating Channel Class EA Environmental Study Report as they relate to lands east of Cherry Street until the Gardiner/Lake Shore Boulevard Reconfiguration EA is further advanced.

7.         City Council request Waterfront Toronto to submit to the Waterfront Project Director, a Business and Implementation Plan for the Lower Don Lands with priority for Phase 1 (Don River Mouth), addressing capital costs, revenue and expenditures, funding, project phasing and land management, to be brought forward for Council consideration.

8.         City Council request the Chief Planner and/or the Toronto and Region Conservation Authority, in consultation with the Waterfront Secretariat, through planning approvals and permit issuance, to ensure that the proposed corridors of the Lower Don River and infrastructure in the Lower Don Lands are protected from encroachment by development.

9.         City Council endorse the Affordable Housing Strategy outlined in the Keating Channel Precinct Plan.

10.       City Council Request Waterfront Toronto to prepare plans and guidelines for urban design, parks and public space, heritage and public art to inform the development of precincts in the Lower Don Lands, in consultation with relevant City divisions and agencies.

11.       City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

The following persons provided a presentation to the Executive Committee respecting the Lower Don Lands Project:

-           Mr. Mark Wilson, Chair of the Board, Waterfront Toronto.

-           Mr. Christopher Glaisek, Vice President, Planning & Design, Waterfront Toronto.

-           Mr. Brian Denney, Chief Administrative Officer, Toronto and Region Conservation Authority.

Copies of the following related documents respecting the Lower Don Lands Project and referred to in the report (May 31, 2010) from Richard Butts, Deputy City Manager, were distributed to all Members of the Executive Committee and select City Officials only, are on file in the Office of the City Clerk, City Hall, and are also available at the following link:

http://www.waterfrontoronto.ca/lowerdonlands:

Master Plan and Keating Channel Precinct ESR Main Report.

Keating Channel Precinct Plan - May 2010.

Lower Don Lands Framework Plan - May 2010.

The purpose of this report is to seek Council support for plans by Waterfront Toronto (WT) and the Toronto and Region Conservation Authority (TRCA) to revitalize the Lower Don Lands, renaturalize the Lower Don River and flood protect the Port Lands.

The subject area is shown in the key map. The Lower Don Lands is a large brownfield in the north-west Port Lands. Land ownership is primarily public with private ownership pockets in the Keating Channel Precinct and on Polson Quay.  Currently, the Don River flows into Keating Channel before discharging into the Inner Harbour.

The ‘big move’ driving the design is a dramatic new river estuary extending further south into the center of the new district (see Attachment 1). The new river valley removes surrounding lands from flood risk, creates new natural habitat, greenery and parks and gives shape to the character of adjacent waterfront communities.

When implemented, the plans will help establish Toronto as a leader in developing sustainable urban communities and the restoration of natural landscapes. These projects are also critical to opening up the rest of the vast Port Lands to revitalization. The transformation of the Lower Don Lands is a long-term initiative that is estimated to take place over the next 30 years.

The vision for the new district is contained in the Lower Don Lands Framework Plan (Attachment 4).  The plan sets out a new structure for the area based on the new river. It integrates vibrant new neighbourhood precincts, water’s edge green space and innovative infrastructure and services. The plan is flexible enough to accommodate a variety of uses and activities including a Port Lands sports centre now under consideration by Council.

The Keating Channel Precinct Plan (Attachment 5) provides a more finely grained community design and service and infrastructure plan for the area immediately east of East Bayfront.  Following the development of the West Don Lands and East Bayfront, it is anticipated that this will be the first new community to be developed in the Lower Don Lands.

The various associated Environmental Assessments (EAs) addressed in this report, and a proposed Official Plan Amendment being brought forward concurrently by City Planning, are planning prerequisites for implementation of the Lower Don Lands project. The long-term success of the new urban estuary depends on proceeding with critical infrastructure early in the area’s development in order to provide essential flood protection, parkland and establish basic municipal servicing. Similarly, the early introduction of transit will be critical.

Although revitalization of the Lower Don Lands poses complex technical and financial challenges, the results of this planning exercise demonstrate the exceptional city building potential of this district.  Council’s endorsement of the Framework Plan, Keating Channel Precinct Plan and associated EAs, together with the planning approvals being brought forward by City Planning, will establish the planning vision for the Lower Don Lands. Attention can then be turned to maintaining the momentum of the project, by Waterfront Toronto seeking funding to initiate detailed design and other preparatory work for the Don River Mouth.

 On August 5 and 6, 2009, City Council requested that the Integrity Commissioner review councillor advocacy activities at adjudicated tribunals and report back to Council on a protocol to guide Councillors relating to such involvement.  The Integrity Commissioner was also requested to consult with interested Members of Council, the Auditor General and the City Solicitor.

This report summarizes the outcome of those consultations and reports to Council on the question of a protocol to guide Councillors on this question.

On the basis of these consultations and taking into account the existing policy and regulatory framework to promote ethical standards of behaviour and the principle of independent decision making by City adjudicators, I recommend that City Council defer the creation of a protocol to address the advocacy activities of Councillors before City adjudicative tribunals.

The Government Management Committee gave consideration to the following:

-           report (May 7, 2010) from the Treasurer entitled "Metropolitan Toronto Police Benefit Fund – Actuarial Report as at December 31, 2009", submitting the Actuarial Valuation as at December 31, 2009 for the Metropolitan Toronto Police Benefit Fund (MTPBF) and requesting additional funding in the form of special annual payments as required under Ontario pension legislation when a plan has a “solvency deficiency”.

-           letter (April 30, 2010) from the Metropolitan Toronto Police Benefit Fund Board of Trustees respecting the Metropolitan Toronto Police Benefit Fund – Actuarial Report as at December 31, 2009.

The Government Management Committee gave consideration to the following:

-           report (May 4, 2010) from the Treasurer, entitled " The Corporation of the City of York Employee Pension Plan – Actuarial Report as at December 31, 2009", submitting the Actuarial Valuation as at December 31, 2009 for the Corporation of the City of York Employee Pension Plan (the Plan) and requesting additional funding in the form of special annual payments to the Plan as required under Ontario pension legislation with respect to the solvency and going-concern funding deficiencies.

-           letter (April 26, 2010) from the City of York Employee Pension Plan Committee respecting the City of York Employee Pension Plan.

The Executive Committee recommends that:

1.         City Council receive, for information, the 2009 Annual Human Rights Office Report.

The Executive Committee recommends that:

1.         City Council receive, for information, the Occupational Health and Safety Report - Fourth Quarter and End of Year, 2009.

The Executive Committee recommends that:

1.         City Council approve the income sharing agreement between the City and the Toronto Parking Authority for a three-year period, effective January 1, 2010 on the following terms:

a.         The net income available for distribution be defined as net income based on the Toronto Parking Authority’s audited financial statements.

b.         The Toronto Parking Authority pay to the City annually the greater of $30.0 million or 75% of net income earned by the Toronto Parking Authority, with net income to include gains or losses on the sale of property and air rights after adjustments within the approved capital plan if any.

c.         The Toronto Parking Authority make monthly progress payments in the amount of $2.50 million to the City.

d.         Final payment by the Toronto Parking Authority to the City and settlement of the amount payable for the year occur once the audited actual amount for the year is confirmed.

e.         The Toronto Parking Authority, in consultation with the Chief Financial Officer and Deputy City Manager, review the Toronto Parking Authority’s capital funding requirements annually as part of the capital budget process.

2.         City Council authorize appropriate City staff to prepare an income sharing agreement between the Toronto Parking Authority and the City of Toronto based on Item 1 listed above.

 The Budget Committee on May 28, 2010, considered a report (May 27, 2010) from the Deputy City Manager and Chief Financial Officer and the President, Toronto Parking Authority entitled "Income Sharing Agreement Renewal with the Toronto Parking Authority."

The Executive Committee recommends that:

1.         City Council authorize the reallocation of funds in Facilities Management’s 2010 Approved Capital Budget and 2011-2019 Capital Plan in the amount of $1.318 million, which includes acceleration and offsetting deferral of funds, as illustrated in Appendix 1 of the report (May 10, 2010) from the Chief Corporate Officer, with zero gross and net impact.

2.         City Council authorize an increase to Facilities Management’s 2010 Approved Capital Budget in the amount of $0.060 million, and to allow Facilities Management to receive this funding from a 3rd party contributor, with a zero net impact.

The Budget Committee on May 28, 2010, considered a report (May 10, 2010) from the Chief Corporate Officer, entitled "Facilities Management 2010 Capital Budget Adjustments".

The Budget Committee on May 28, 2010, considered a report (May 11, 2010) from the General Manager, Economic Development and Culture, entitled "Economic Development and Culture:  2010 Capital Plan Adjustments".

The Executive Committee recommends that:

1.         City Council amend the 2010 Recommended Operating Budget for Parks, Forestry and Recreation by increasing by $10,006 gross, $0 net, funded on a one-time basis from Section 37 Benefits Agreements related to Ward 14, 403 Keele Street for improvements to Pelmo Park in Ward 11.

The Executive Committee recommends that:

1.         City Council close the 2009 Council-approved Renovation of Crescent Town Club Recreational Infrastructure Canada (RInC)/Partnership Opportunities Legacy Fund (POL) project with project cost of $0.600 million funded by City debt of $0.500 million, Federal funding of $0.050 million and Provincial funding of $0.050 million.

2.         City Council request Federal and Provincial approval to re-allocate the awarded funding for the Renovation of Crescent Town Club project of $0.050 million from the Federal Government and $0.050 million from the Provincial Government to phase two renovations of Dentonia Park Clubhouse.

3.         The Council-approved Parks, Forestry and Recreation 2010 Capital Budget be amended to create a new sub-project known as Dentonia Park Clubhouse Renovations, Phase 2 with project cost of $0.200 million funded by City debt of $0.100 million, Federal funding of $0.050 million and Provincial funding of $0.050 million with cash flow of $0.200 million in 2010, if Federal and Provincial approvals are obtained, which shall be reduced to $0.100 million project cost and cash flow in 2010, should approval not be obtained.

4.         City Council amend the council-approved Parks, Forestry and Recreation 2010 Capital Budget to create a new sub-project known as George Webster Park Improvements with project cost of $0.400 million funded by City debt with cash flow in 2011.

5.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto; and that leave be granted for the introduction of any necessary bills in Council to give effect thereto.

The Executive Committee recommends that:

1.         City Council authorize an acceleration of funding for the Toronto Environment Office’s Home Energy Assistance Toronto (HEAT) Program by increasing the program’s 2010 Operating Budget by an additional $2.25 million gross and revenue, funded from the Home Energy Assistance Toronto (HEAT) Reserve Fund, from $2 million to $4.25 million, and with reductions to planned funding in 2011 from $3 million to $2.5 million and in 2012 from $3.5 million to $1.88 million, maintaining the approved $9 million total for the HEAT Program.

2.         The Director, Toronto Environment Office report back to City Council before March 31, 2011, with recommendations for revisions to the home energy efficiency programs in 2011 and 2012, including any new opportunities to partner with federal, provincial or local utility programs for the remaining approved funds.

The Budget Committee on May 28, 2010, considered a report (May 14, 2010) from the Director, Toronto Environment Office, entitled "Budget Adjustment:  Home Energy Assistance Toronto".

The Executive Committee recommends that:

1.         City Council approve a one-time increase in the Toronto Public Library 2010 Operating Budget by $2,418,230 Gross and $0.0 Net, with funding from the Employee Benefits Reserve Fund to reflect the special payout for eligible employees who transferred to the Illness or Injury Plan (IIP).

Pride Toronto was incorporated in 1995 but has been in existence as the organizer of Pride Week in Toronto since 1971. Pride Week is the pre-eminent venue for the cultural and artistic expression of Toronto’s lesbian, gay, bisexual, transgender, transsexual, intersex, queer, questioning and two-spirited community. Pride Week hosts an annual event in downtown Toronto each year.

The City of Toronto provides financial support through the Community Partnerships and Investment Program to enhance major cultural organizations, such as Pride, that are recognized as essential cultural ambassadors and infrastructure for the City.  Funding is provided for cultural attractions that have a significant impact for the benefit of Torontonians and towards cultural tourism enhancement. These organizations play a major role in enhancing a local cultural ecology and in developing Toronto as a worldwide cultural destination.

Major cultural organizations such as Pride are recognized as essential cultural ambassadors for the City whose programs have a significant impact on the regional economy by playing a major role in tourism attraction through the development of Toronto as a worldwide cultural destination.

Last year, The City of Toronto provided financial support via the Culture and Access and Equity Grants totalling $126,370.00 as well as $170,000.00 for clean-up and policing of the event.

Over the last number of years, Pride’s organizers have allowed a controversial anti-Israel group calling itself Queers Against Israel Apartheid (QuAIA) to march in the Pride Parade.

A video, Reclaiming Our Pride, recently created by Lawyer Martin Gladstone shows footage from the 2009 parade where QuAIA marchers carried signs condemning Israel with their members chanting the slogan, “Fist by Fist, Blow by Blow, Apartheid State, Has Got to Go.”

The City of Toronto has very strict policies that surround the granting of funds to groups such as Pride.  All groups that accept funding grants must declare that their organization adopts and upholds the City of Toronto’s policy statement which prohibits discrimination and harassment while protecting the right to be free of hate activity based on age, ancestry, citizenship, creed (religion), colour, disability, ethnic origin, family status, gender identity, level of literacy, marital status, place of origin, membership in a union or staff association, political affiliation, race, receipt of public assistance, record of offences, sex, sexual orientation or any other personal characteristics by or within the organization.

In addition to adopting this Declaration, all recipients of funding or other support, are required to develop a Policy on Anti-Racism, Access and Equity, and develop Action Plans, pursuant to the City of Toronto Policy (Clause 5 of Strategic Policies and Priorities Committee Report 6). This Declaration is in keeping with the City of Toronto Human Rights and Harassment Policy and Procedures and Hate Activity Policy and Procedures (Clause 2 of Report 19 of Corporate Services Committee adopted by City Council on December 16 and 17, 1998).

(Submitted to City Council on May 11 and 12, 2010 as MM49.12)

As a result of inquiries received by the City regarding compliance by Pride Toronto with City of Toronto requirements for all funded agencies to adopt an anti-discrimination policy and to implement access, equity and human rights policies, the City Manager wrote to Pride Toronto requesting documentation on how these requirements were being met.

Staff have met with representatives of the Pride Board who have provided a plan that includes the following:  a rigorous review of applications, enhanced training of volunteers, the addition of consequences should any participant not comply with the terms and conditions of participation and vetting of parade participants at the point of marshalling.

In addition, Pride Toronto has now also issued a release (attached) outlining the Board’s decision (May 21, 2010) to prohibit the use of the term “Israeli Apartheid” or any combination of this notion in the Pride Parade as being disruptive to the event and contrary to the notion of an “all-inviting, inclusive space” for Pride participants.

In view of the foregoing, staff are satisfied that the decisions of Pride Toronto meet the City’s requirements.

This week the pre-election ritual of reviewing councillors’ salaries began in earnest.  Prior to this election the issue, like the trillium, blossomed every three years but now with a four- year term this ugly plant has morphed into a weed that always bears bitter fruit.   Councillors will predictably fall all over themselves to prove to the electorate how frugal they are.  They will disparage the expectations of their colleagues and publicly slash their wrists in an effort to out humble each other.

Candidates for Mayor, in their earnestness to become politicians, will propose huge cuts in pay to prove how little politicians are worth.  There is always somebody willing to work for less in their desperation to take a job away from somebody else.  Every minimum wage employer in Ontario counts on that human failing.  

I note that once again the City has engaged the services of a consulting firm that specializes in reviewing compensation packages, the Hay Group.   The Hay Group will look at comparable positions and develop a logic around which they will offer up the perfect solution.

Council, the public and everyone else will promptly ignore their advice in their effort to prove how little they value their elected officials.  Many elected officials will see how high on the grandstand they can climb to prove how little they value the job that they do.

I believe that in seeking advice of what our salaries should be we should turn to the experts that know best, the editors of the Toronto Star.  They are always eager to give advice about this weighty subject.   I know that managing a daily newspaper is far more important than managing the 9.2 billion dollar corporation called the City of Toronto but the wisdom of important people like the Star Editorial Board ought to be given the weight it deserves.

(Submitted to City Council on May 11 and 12, 2010 as MM49.6) 

The Executive Committee on May 17, 2010:

1.         Deferred consideration of the following motion by Councillor Howard Moscoe until its meeting scheduled to be held on June 14, 2010:

"That:

a.          The General Manager, Parks, Forestry and Recreation be directed to develop a parks enhancement strategy to ensure that parks in priority neighbourhoods or low development areas benefit in some way from funds that are raised to enhance parks in affluent or active development areas.

b.          This strategy be initiated by a discussion paper that considers such mechanisms as:

-            a percentage of donation levy

-            a matching fund policy

-            a share of section 37 levy

-            a per capita budget share

-           indexing City investment to average income data

-            discussion of current mechanisms

c.          This discussion paper be tabled for consideration by the Executive Committee no later than January 2011."

2.        Tabled the following motion by Councillor Kyle Rae until the meeting of the Executive Committee scheduled to be held on June 14, 2010:

"That the General Manager, Parks, Forestry and Recreation be requested to analyze the funding of parks and parks maintenance through development agreement and Section 37 agreement in Wards 20/27/28 as opposed to the use of tax revenue sources as reported through the Capital Budget."

The Executive Committee recommends that:

1.        City Council receive, for information, the report (May 7, 2010) from the General Secretary, Toronto Transit Commission, and the confidential attachment in accordance with the Auditor General’s recommendations which were approved by City Council in December 2008.

2.         City Council request the Toronto Transit Commission to provide its Human Rights Annual report to the City in a format similar to that used by the City for its Annual report.

 3.        City Council direct that the information contained in the confidential attachment to the report (May 7, 2010) from the General Secretary, Toronto Transit Commission, remain confidential in its entirety as it contains advice which is subject to solicitor-client privilege and litigation or potential litigation, including matters before administrative tribunals affecting the municipality or local board.

The Commission took the following action:

1.   Approved the recommendation contained in the confidential attachment;

2.   That the information contained in the confidential attachment remains confidential in its entirety as it contains advice which is subject to solicitor-client privilege.

The Commission’s recommendation is forwarded to Toronto City Council for information.

The Executive Committee recommends that:

1.         City Council endorse the decision of the St. Lawrence Market North Building Design Competition Jury, which unanimously selected the “Red Team” design proposed by the firm of Adamson Associates Architects and Rogers Stirk Harbour + Partners as the winner of the St. Lawrence Market North Design Competition.

2.         City Council authorize the Chief Corporate Officer to enter into and execute an agreement with Adamson Associates Architects and Rogers Stirk Harbour + Partners, to provide professional architectural services, based on a proposed fee not to exceed $5.26 million (excluding applicable taxes) for the new St. Lawrence Market North building, which is accommodated in the 2010 Capital Budget and 2011-2019 Capital Plan, on terms and conditions satisfactory to the Chief Corporate Officer and in a form satisfactory to the City Solicitor.

3.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto.

This report recommends that Council endorse the winning design, as selected by the Competition Jury, for the St. Lawrence Market North design competition and that Council award a contract to the winning design team to provide professional architectural services for the detailed design and construction of a new North Market building.

The “Red Team” design, by the firm of Adamson Associates Architects and Rogers Stirk Harbour + Partners, was selected by the Competition Jury as the winner.

This report recommends the approval of a pilot program between the City and Toronto Hydro Electric Services Ltd. for the installation of solar photovoltaic panels on City‑owned buildings.  Under the program, the City would own up to 49% of the panels, with Toronto Hydro owning the balance.  The report requests Council’s authority to amend the Sustainable Energy Plan 2010 Approved Capital Budget and the 2011 to 2019 Capital Plan by reallocating $8 million included in the Toronto Energy Conservation Fund to a new project, the Solar Photovoltaic Program, with zero net impact corporately.

This report advises that a competitive process will be utilized to licence the use of City‑owned roof space to private sector solar developers on buildings not selected for the City-Toronto Hydro pilot program.  This report also advises that, depending on the availability of funds, the City may in the future continue to install its own solar installations on City facilities.  In addition, this report recommends that roof space on smaller City-owned facilities be made available at a nominal fee to community-based solar co-operative groups.

The Executive Committee recommends that:

1.         City Council authorize and direct the City Clerk to conduct a direct in-person effort to tenants to ensure that they are on the voter’s list.

2.         City Council request the City Clerk to support enfranchisement of tenants by disseminating the City application form and information on how to be added to the Voter’s List during the revision period to electors through all appropriate City mechanisms, including the City’s civic engagement practitioners and outreach staff.

This report discusses the actions underway by the City Clerk and the City administration to ensure that enfranchisement is promoted to all electors, consistent with the principles and terms of the Municipal Elections Act, 1996 (MEA).

City Council on March 31 and April 1, 2010, referred this Item back to the Executive Committee for further consideration when the Committee considers candidate legal expenses and other related matters.

 The Affordable Housing Committee on June 3, 2010, considered a report (May 17, 2010) from Sue Corke, Deputy City Manager recommending the allocation of Development Charges Reserve Fund – Shelters/Housing (XR2107) monies to five previously approved affordable non-profit rental housing developments now under construction.

The Affordable Housing Committee also had before it a letter (June 1, 2010) from John Fox, Acting Vice-President, Development and Legal Counsel (Development), Toronto Community Housing Corporation.

The Executive Committee recommends that:

1.         City Council recommend that a tax exemption be granted to Nishnawbe Homes Inc., which holds title to the property under the name of 2106469 Ontario Incorporated, for municipal and school purposes for any affordable units in its non-profit development currently municipally known as 423-7 Dundas Street East for a period of 25 years.

2.         City Council grant authority to the Director, Affordable Housing Office, to negotiate a municipal capital facility agreement with 2106469 Ontario Incorporated to secure the ongoing affordability of the rental units being exempted from taxation; and

3.         City Council grant authority to and direct the Director, Affordable Housing Office, to enter into and execute, on behalf of the City, a municipal capital facility agreement, the City’s security and any other documents or agreements required to facilitate the completion of the funding from Miziwe Biik Development Corporation and required by 2106469 Ontario Incorporated, to obtain and maintain its other sources of funding, on terms and conditions satisfactory to the Director, Affordable Housing Office, and in a form approved by the City Solicitor.

The Executive Committee recommends that:

1.         City Council encourage the Federal Ministry of Human Resources, responsible for Canada Mortgage and Housing Corporation, to extend and enhance current Federal Residential Rehabilitation Assistance Program (RRAP) investment in Toronto because of its positive impact in supporting housing renovation and renewal and economic activity.

The Executive Committee recommends that:

1.         City Council endorse the Senate Sub-Committee Report "In From the Margins: A Call to Action on Poverty, Housing and Homelessness",  attached to the letter (June 3, 2010) from the Affordable Housing Committee, prepared by The Standing Senate Committee on Social Affairs, Science and Technology, Subcommittee on Cities, which reinforces and supports the actions in Toronto’s Housing Opportunities Toronto: An Affordable Housing Acton Plan 2010 – 2020.

2.         City Council direct that this endorsement and request for implementation be forwarded to the Prime Minister of Canada, the Federal Minister of Finance, the President of the Treasury Board, the Minister of Human Resources and Skills Development, the Minister of Indian and Northern Affairs, the Minister Responsible for Canada Mortgage and Housing Corporation, the Leaders of the Opposition Parties, the Provincial Premiers, Territorial Leaders and Federation of Canadian Municipalities (FCM).

3.         City Council direct that City staff, working with civic partners, convene a Symposium for Action within six months to serve as a catalyst for implementing "In From the Margins" and to mobilize public and political support for its report and further federal engagement on poverty, housing and homelessness solutions.

4.         City Council encourage the Opposition Parties to initiate a Cross Party Hearing to allow Canadians to address the Government's response to the Senate Sub-Committee Report "In From the Margins".

5.         City Council encourage the Senate to hold further hearings on the Government's response to their report.

6.         City Council encourage the Federation of Canadian Municipalities Executive to develop an implementation strategy to address the Government's response to the Senate Sub-Committee Report "In From the Margins" and to present that framework to the Fall meeting of the Social Economic Development Committee and further to prepare a briefing paper for FCM's advocacy days at Parliament Hill in November, 2010.

The Executive Committee recommends that:

1.         City Council adopt a by-law amending the definition of "housing project" in By-law No. 282-2002, the Municipal Housing Facility By-law, to exempt the affordable rental housing units at 38 Abell Street from the restriction that affordable rental housing projects not be registered condominiums, in the form of the by-law appended as Attachment 1 to the report (June 1, 2010) from Deputy City Manager, Sue Corke, if the required Official Plan Amendment, being considered at a statutory public meeting during Toronto and East York Community Council's meeting to be held June 22, 2010, is adopted by City Council.

2.         City Council recommend an exemption from taxation for municipal and school purposes for the 20 affordable rental housing units to be operated by Toronto Artscape Inc. at 38 Abell Street for a period of twenty-five years, if the required Official Plan Amendment, being considered at a statutory public meeting during Toronto and East York Community Council's meeting to be held June 22, 2010, is adopted by City Council. 

3.         City Council upon adoption of Recommendation. 2, above, adopt a by-law, pursuant to Section 3(1) of By-law 282-2002, the Municipal Housing Facility By-law, to permit the City to enter into a municipal housing project facility agreement. 

4.         City Council upon adoption of Recommendation. 3. above, adopt a site specific by-law, pursuant to Section 5(2) of By-law 282-2002, the Municipal Housing Facility By-law, to exempt from taxation for municipal and school purposes, the 20 affordable rental housing units to be operated by Toronto Artscape Inc. at 38 Abell Street for a period of twenty-five years. 

5.         City Council grant authority to provide capital funding of $17,241.22 from the Capital Revolving Fund for Affordable Housing to Toronto Artscape Inc., as a grant by way of a forgiveable loan, to be used to cover the condominium application fee for the development at 38 Abell street (formerly know as 150 Sudbury Street);

6.         City Council authorize and direct the Director, Affordable Housing Office, to enter into and execute, on behalf of the City, an agreement with Toronto Artscape Inc., to secure the funding, on terms and conditions satisfactory to the Director, Affordable Housing Office and in a form approved by the City Solicitor.

7.         City Council authorize the City Solicitor to make such stylistic and technical changes to the by-law referred to in Recommendation 1. above, as may be required.

8.         City Council grant authority to the Director, Affordable Housing Office to negotiate and enter into a municipal housing project facility agreement with Toronto Artscape Inc., or such other corporation controlled by it, to secure the ongoing affordability of the 20 rental housing units being exempted from taxation, on such terms and conditions, including the taking of security, as the Director, Affordable Housing Office considers appropriate and in a form satisfactory to the City Solicitor, if the Official Plan Amendment being considered at a statutory public meeting during Toronto and East York Community Council's meeting to be held June 22, 2010, is adopted by City Council; and

9.         City Council grant authority to and direct the Director, Affordable Housing Office to execute, on behalf of the City, the municipal housing project facility agreement, and any security or financial documents required to facilitate the tax exemption, upon Recommendation  2. above, being adopted.

The Affordable Housing Committee on June 3, 2010, considered a report (June 1, 2010) from Sue Corke, Deputy City Manager discussing and recommending site specific amendments to the City’s Municipal Housing Facility By-law, which are required to implement Council’s direction of  May 11 and 12, 2010, that staff  immediately commence an Official Plan Amendment (OPA) process to allow 20 condominium registered rental units at 38 Abell Street (formerly known as 150 Sudbury Street) for the purpose of receiving municipal financial support for affordable rental housing units that would be owned and operated by Toronto Artscape Inc. (“Artscape”).

The Executive Committee recommends that:

1.         Council endorse the approach to implementing the Tower Renewal Program City-wide presented in the Tower Renewal Implementation Book (Attachment 1 to the report (May 31, 2010) from the City Manager) including the Sustainable Towers, Engaged People (STEP) Program and the proposed financing option.

2.         City Council adopt, as required by Ontario Regulation 609/06 prior to establishing a city services corporation, the Tower Renewal Corporation Business Case Study (Attachment 2 to the report (May 31, 2010) from the City Manager) for the establishment of a new corporation referred to as the Tower Renewal Corporation with a mandate to administer the financing option as described in the report (May 31, 2010) from the City Manager, and to coordinate all incentive programs and tools that will minimize the amount of project financing required.

3.         City Council authorize the City Manager to request that the Province make appropriate legislative or regulatory amendments:

a.         to permit the City to provide financial assistance in the initial start-up phase to city services corporations incorporated pursuant to Ontario Regulation 609/06, including the proposed Tower Renewal Corporation;

b.         to give effect to the proposed financing mechanism by providing the City the authority to add payments in default owing to the Tower Renewal Corporation to the tax roll and according such payments priority lien status; and

c.         to permit the City to invest in the new Tower Renewal Corporation.

4.         City Council direct the City Manager, and appropriate City Staff ,to report back to Council in early 2011, with a plan to actively encourage the participation of local businesses and manufacturers in supplying the products and services involved in Tower Renewal projects.  The Plan should at a minimum include:

a.         a list of local service providers and manufacturers that could be suppliers for Tower Renewal projects;

b.         a strategy for raising awareness amongst these businesses around Tower Renewal products and economic opportunities;

c.         a strategy to coordinate procurement for Tower Renewal projects to encourage existing and/or new businesses in the Toronto area to be engaged in offering these products and services; and

d.         a labour force training strategy to support the provision of the services and manufacturing of products required for Tower Renewal projects.

5.         City  Council authorize the City to collect defaulted payments owing to the Tower Renewal Corporation by adding such payments to the tax roll and collecting them in the same manner as municipal taxes.

6.         City Council request the CityManager to report, once the Province has enacted the legislative amendments described in Recommendation 3. above, on the recommended corporation model, including its structure and board composition, policies to be applied to the corporation and its reporting relationship to the City.

7.         City Council direct that funding required to undertake activities necessary to support the development of the financing option and establishment of the Corporation be set out in the 2011 Operating Budget.

The Executive Committee referred the submission (June 14, 2010) from Mr. Michael McClelland, and Mr. Graeme Stewart, ERA Architects Inc., to the City Manager with a request that he incorporate some of the suggestions contained in the submission  in his next report to the Committee on Tower Renewal.

In September 2008, City Council recognized Tower Renewal as an opportunity to transform older apartment buildings to result in a cleaner and greener environment, stronger communities with increased social and cultural benefits, and improvements in the local economy. At that time Council gave direction to investigate and develop a range of opportunities at selected pilot locations. A series of feasibility studies was undertaken, focused on the pilot sites, to better understand the impact of Tower Renewal if applied to the over 1,000 strong cohort of concrete slab style apartment buildings.

These investigations determined that it would be possible to dramatically reduce energy and water use, increase waste diversion and reduce greenhouse gas emissions throughout the apartment building sector. The results of the findings are provided in the attached Tower Renewal –Implementation Book. In summary, studies indicate that reductions of 50% in electricity use, 70% natural gas use, 20% water use and waste diversion rates improved by 30% are possible. By addressing this class of buildings, greenhouse gas emissions for the City overall can be reduced by 5%. With City-wide participation, renewal activities will generate billions of dollars in investment and create tens of thousands of person years of employment. Tower Renewal will provide greater opportunities for engagement of people in neighbourhoods and enhance the quality of life for residents.

There are, however, many barriers to achieving these benefits.  Due to the complex nature of the projects and significant upfront cost, coupled with a lack of appreciation by property owners of the full benefits to be gained, Tower Renewal projects will not be undertaken in significant numbers under current circumstances.

To address these barriers, the Tower Renewal – Implementation Book outlines the Sustainable Towers=Engaged People (STEP) program that will provide a guide to how and what to do. This program will guide and support the movement of buildings to increased levels of performance. To address the financing challenge, the creation of a new financing option that, once established, can be designed to operate on a self-sustaining basis, is proposed.

The financing option includes two critical components: creating a “pool” of projects to reduce costs and improve credit terms, and making use of the City’s ability to collect unpaid obligations by way of adding to the tax rolls and according priority lien status to any project payments that might fall into arrears. At approximately $4 million per project, that means providing the opportunity for billions of dollars in local investment. The majority of the pool of funds will be from capital markets. The City, as part of its capital that is available for investment, may direct some investment to the corporation’s pool of funds at competitive rates of return. Implementation of the financing option will require the creation of a new city services corporation and obtaining from the Province legislative amendments to implement this financing structure.

The Executive Committee recommends that:

1.         City Council provide the Toronto Transit Commission with confirmation that funding is available under the GTA Farecard project for the TTC's Automatic Fare Collection - Open Payments system.

The Commission on June 2, 2010 considered the attached report entitled, "Procurement Authorization – Automatic Fare Collection – Open Payments”.

The Executive Committee recommends that:

1.         City Council request the General Manager of Economic Development and Culture to initiate the dispute resolution process under the Management Agreement respecting all matters where the Kiwanis Club of Casa Loma has not met its obligations, including the requirements to submit by the dates currently agreed to by the City, all payments, reports, and interior restoration plans satisfactory to the City's Chief Corporate Officer.

2.         City Council request the General Manager of Economic Development and Culture to notify the Kiwanis Club of Casa Loma that the City requires a written commitment by the end of July 2010 that the following actions will be undertaken:

i.          a joint staff working group be established, meet regularly and work with a management consultant as necessary to resolve the operational and financial issues outlined in this report;

ii.         the Board meet monthly for the balance of their term;

iii.        a financial plan satisfactory to the Deputy City Manager and Chief Financial Officer be developed by the Kiwanis Club of Casa Loma by September 30, 2010 demonstrating its ability to meet the obligations of the Management Agreement; and

iv.        the further actions outlined in the Confidential Attachment be agreed to;

3.         Council request the Deputy City Manager and Chief Financial Officer to undertake  an audit of Casa Loma operations and finances including how the Casa Loma Improvement Fund is managed to ensure that funds are being used as anticipated by the Management Agreement and that Casa Loma has the organizational and financial capacity to fulfill the terms of the Agreement; and

4.         City Council direct that if the General Manager of Economic Development and Culture is not satisfied that progress on Recommendations 1, 2, and 3 above will result in moving toward implementation of the Strategic Vision, the appropriate City staff, in consultation with the City Solicitor, take steps to terminate the Management Agreement and recommend an alternative way of managing Casa Loma.

Casa Loma is a key asset of the City of Toronto and was managed for 70 years by the Kiwanis Club of Casa Loma (KCCL).  The castle needed a facelift, new programming, and a new approach to integrating this grand estate into the surrounding neighbourhood.  The City began a 10-year restoration plan for the Casa Loma main building exterior in 2003.   When its previous license was about to expire, KCCL proposed and Council adopted a Strategic Vision for Casa Loma, that included renovating the interior, rejuvenating the visitor experience, and introducing new programming and visitor amenities including food services.  In the spring of 2008 Council approved the Management Agreement between KCCL and the City.  The Agreement took effect on July 1, 2008 and requires KCCL to implement the Strategic Vision and to meet certain financial, planning and physical improvement obligations.

A joint Casa Loma Board was established in accordance with the Management Agreement to direct the operations of the estate administered by staff who are employees of KCCL (Board and staff together referred to as Casa Loma).  The City appoints half of the voting members of the Board and 4 ex officio non-voting members.  The Mayor appoints the Chair of the Board from among the members on the advice and recommendation of the President of KCCL.  The Board is not a City board nor is it a separate legal entity from KCCL, but rather a committee of KCCL as KCCL retains the responsibility for meeting the terms of the Agreement.  This is a unique governance model that is a hybrid between a private enterprise and a public sector board and is not subject to the usual requirements of a public sector entity.  Council's objectives are met through the terms of the Agreement rather than any direct authority over the Board.

Entering into the Management Agreement, it was understood and expected that implementing the Strategic Vision would require a higher level of activity and a higher standard of performance than in the past.  Nevertheless, in its first 2 years of operation, Casa Loma has missed a number of important deadlines, has not been able to make all of the required payments due to the City, and is far behind the schedule outlined in the Management Agreement for implementing the Strategic Vision.  Casa Loma has advised that the recession and changes to tourist visits to the City have had an adverse impact on its operations and finances and therefore Casa Loma has had to draw from funds intended for enhancement of the estate to meet operating obligations.  However, this situation was well known at the time that KCCL developed the Strategic Vision and committed to these financial obligations.

Over the past two years City staff have sought to provide assistance to Casa Loma including authorizing extensions to deadline dates; suggesting that Casa Loma look at alternative income opportunities, including recommending grant opportunities, and offering to assist with preparation and submission of applications; proposing the establishment of a staff work group to help Casa Loma address the challenges; and attempting to arrange governance training for the Board.  The Mayor has also advised KCCL of the City's concerns over the slow progress toward achieving the Strategic Vision, concerns that governance practices do not meet the standard that the public would expect in operating a City facility, and the City's growing lack of confidence that Casa Loma can improve the situation.  KCCL has not acknowledged that any significant action is necessary.

The Management Agreement lays out a process for conducting a review of the governance model at the end of 3 years of operation (July 1, 2011).  The mechanisms for monitoring progress and holding the Casa Loma Board and KCCL accountable for implementing the Strategic Vision have worked effectively in bringing these problems to light at an early stage.  After 2 years it is evident that the current model is not working to enhance Casa Loma as an attraction and there are indications that KCCL is not able to deliver the full extent of the obligations laid out in the Agreement.  This report recommends a course of action to be undertaken immediately to prevent the situation from growing worse.