City Council on January 26 and 27, 2010, adopted the following:

1.         City Council adopt the following protocol for public consultations and stakeholder meetings for state of good repair (SOGR) projects, including those associated with the Recreational Infrastructure Canada Program (RInC):

a.         For all SOGR projects that will not affect programming or the uses of an amenity, community consultation or stakeholder meetings will not be required; and

b.         For all SOGR projects that may affect programming or have a service improvement component, one general community information session can be held in cooperation with Recreation staff.  This session will provide users with the reasons for the programming interruption, as well as location and programming alternatives.

2.         City Council direct that further consultation take place, if identified by the local Councillor and approved by the General Manager, Parks, Forestry and Recreation. 

3.         City Council request the General Manager, Parks, Forestry and Recreation to report to the Executive Committee in the first half of 2012 on the success of this protocol.

The Executive Committee recommends that:

1.         City Council adopt the following protocol for public consultations and stakeholder meetings for state of good repair (SOGR) projects, including those associated with the Recreational Infrastructure Canada Program (RInC):

a.         For all SOGR projects that will not affect programming or the uses of an amenity, community consultation or stakeholder meetings will not be required; and

b.         For all SOGR projects that may affect programming or have a service improvement component, one general community information session can be held in cooperation with Recreation staff.  This session will provide users with the reasons for the programming interruption, as well as location and programming alternatives.

2.         City Council direct that further consultation take place, if identified by the local Councillor and approved by the General Manager, Parks, Forestry and Recreation.

The purpose of this report is to provide appropriate guidelines for community consultations and community information sessions with respect to Parks, Forestry and Recreation state of good repair projects, including those funded by the Recreational Infrastructure Canada Program (RInC).

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council approve the construction by Maple Leaf Sports and Entertainment Ltd. (MLSE), at its sole cost and expense of approximately $1.972M, of 1,249 additional seats at the north end of BMO Field and related upgrades to the Food Building ground level washrooms on the south side of the Food Building all in accordance with the terms and conditions as set out in the report (December 9, 2009) from the Chief Executive Officer, Exhibition Place, and such other terms as satisfactory to the Chief Executive Officer and the City Solicitor, and that the additional seating and washroom improvements so constructed shall be the property of the City of Toronto and the seating shall be deemed to be part of the Stadium for the purposes of the current agreements between the Board, City and MLSE respecting the Stadium.

The Executive Committee recommends that:

1.         City Council approve the construction by Maple Leaf Sports and Entertainment Ltd. (MLSE), at its sole cost and expense of approximately $1.972M, of 1,249 additional seats at the north end of BMO Field and related upgrades to the Food Building ground level washrooms on the south side of the Food Building all in accordance with the terms and conditions as set out in the report (December 9, 2009) from the Chief Executive Officer, Exhibition Place, and such other terms as satisfactory to the Chief Executive Officer and the City Solicitor, and that the additional seating and washroom improvements so constructed shall be the property of the City of Toronto and the seating shall be deemed to be part of the Stadium for the purposes of the current agreements between the Board, City and MLSE respecting the Stadium.

This report recommends that City Council approve the construction by Maple Leaf Sports & Entertainment Ltd. (MLSE)) of additional seating (1,249 seats) at the north end of the soccer stadium at Exhibition Place centered between the two corporate suite areas at a cost to MLSE of approximately $1.972M.  The additional seating would have the same look and be of the same quality as the existing seating and the intent would be to construct this seating in time for the opening of the 2010 soccer season opener.  In addition, approximately $50,000 of these funds will be spent to do some interior cosmetic upgrades to the washrooms on the south side of the Food Building.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council approve entering into an agreement with Clarity Outdoor Media Inc. (Clarity) on the terms and conditions as originally approved by the Board and City Council, except for a change to the payment schedule as described in the attached Confidential Attachment I to the report (December 10, 2009) from the Chief Executive Officer, Exhibition Place, as amended.

2.         City Council adopt the recommendation contained in Confidential Attachment 1 to the report (January 26, 2010) from the Chief Executive Officer, Exhibition Place.

3.         City Council direct that the confidential information in the Attachments to the reports (December 10, 2009 and January 26, 2010) from the Chief Executive Officer, Exhibition Place, not be released publicly in order to protect the competitive position and the future economic interests of Exhibition Place.

Confidential Attachment 1 to the report (December 10, 2009) from the Chief Executive Officer, Exhibition Place, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property of the municipality or local board.

Confidential Attachment 1 to the report (January 26, 2010) from the Chief Executive Officer, Exhibition Place, remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to the security of the property belonging to the City of one of its agencies, boards and commissions.

The Executive Committee recommends that:

1.         City Council approve entering into an agreement with Clarity Outdoor Media Inc. (Clarity) on the terms and conditions as originally approved by the Board and City Council, except for a change to the payment schedule as described in the attached Confidential Attachment I to the report (December 10, 2009) from the Chief Executive Officer, Exhibition Place.

2.         City Council direct that the confidential information in Attachment 1 attached to the report (December 10, 2009) from the Chief Executive Officer, Exhibition Place, not be released publicly in order to protect the competitive position and the future economic interests of Exhibition Place.

In August 2009, City Council approve of the Board of Governors of Exhibition Place (the “Board”) entering into a 15-year licence agreement with Clarity Outdoor Media Inc. (“Clarity”) as the Preferred Proponent for the operation of an existing outdoor billboard sign at Strachan Avenue. This report now recommends an amendment to the timing of the payments of the lump sump from Clarity

During the negotiations of the final agreement, Clarity requested a change in the payment dates for the Lump Sum Payments from those previously submitted by Clarity in its submission to the public Request for Proposal (RFP) issued by the City of Toronto in the Winter, 2009.  Clarity’s request came as a result of its negotiations with the financial institution from which Clarity is obtaining its funds.  The requested change to the lump sum payment schedule has no effect on the overall financial value to the Board on a net present value basis and still meets and exceeds all key market values as set out in the assessment outlined in the RFP and made by the Board’s consultant, Allvision Canada Company (“Allvision”).  A commitment to the revised payment schedule has been confirmed directly with Clarity’s lenders and letters of assurance have been received with the transfer of funds to be paid to the Board immediately upon approval of this report by City Council and receipt of an executed agreement.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council approve a Licence Agreement with Toronto Hydro Energy Services Inc. (THESI) to design, build and operate a Photovoltaic System on the roof of the Better Living Centre (BLC) on the terms and conditions as detailed in the report (December 9, 2009) from the Chief Executive Officer, Exhibition Place, and any other terms as may be satisfactory to the Chief Executive Officer and the City Solicitor.

2.         City Council give authority for the Board of Governors of Exhibition Place (“the Board”) to enter into any interconnection/embedded generation agreement which may be required by the electricity distributor (e.g. Toronto Hydro-Electric System Limited) which may be required as a result of the Photovoltaic System, on such terms as may be satisfactory to the Chief Executive Officer and the City Solicitor.

The Executive Committee recommends that:

1.         City Council approve a Licence Agreement with Toronto Hydro Energy Services Inc. (THESI) to design, build and operate a Photovoltaic System on the roof of the Better Living Centre (BLC) on the terms and conditions as detailed in the report (December 9, 2009) from the Chief Executive Officer, Exhibition Place, and any other terms as may be satisfactory to the Chief Executive Officer and the City Solicitor.

2.         City Council give authority for the Board of Governors of Exhibition Place (“the Board”) to enter into any interconnection/embedded generation agreement which may be required by the electricity distributor (e.g. Toronto Hydro-Electric System Limited) which may be required as a result of the Photovoltaic System, on such terms as may be satisfactory to the Chief Executive Officer and the City Solicitor.

With the introduction of the Green Energy and Green Economy Act, 2009 and the passing of the Feed-In-Tariff (FIT) regulations, Exhibition Place and Toronto Hydro Energy Services Inc. (THESI) began discussions to enter an agreement which would result in the licensing of the roof of the Better Living Centre (BLC) to THESI which would then design, construct and operate totally at the cost of THESI a photovoltaic plant (PV System) covering the roof.

In 2008/09, Exhibition Place reroofed the BLC adding insulation and upgraded the building structure to allow for additional loads all in preparation of adding a PV System as part of the Board’s long-term goal of energy self-sufficiency.  Partnering with THESI will now allow this PV System to be built by the end of 2010.  All power from the PV System will be sold to the Ontario Power Authority (OPA) through the FIT regulations although, like the wind turbine, the PV System will be connected through the BLC substation and therefore, used to power the facilities at Exhibition Place through the Exhibition Place electrical grid.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council designate Family Day as a holiday for all non-union employees of the Toronto Public Service commencing 2010.

2.         City Council direct City staff to amend the Designated Holidays and Float Holidays Policy to add Family Day to the list of designated holidays for non-union employees.

The Executive Committee recommends that:

1.         City Council designate Family Day as a holiday for all non-union employees of the Toronto Public Service commencing 2010.

2.         City Council direct City staff to amend the Designated Holidays and Float Holidays Policy to add Family Day to the list of designated holidays for non-union employees.

The Employee and Labour Relations Committee on November 26, 2009, considered a report (November 16, 2009) from the City Manager, providing information about the 2007 Ontario provincial government's designation of the third Monday of February as Family Day as a holiday pursuant to the Employment Standards Act. 

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council adopt the Diversity and Positive Workplace Strategy outlined in the attachment of the report (November 17, 2009) from the City Manager.

2.         City Council authorize the City Manager to undertake the following specific actions:

i.          develop and implement a new three-year corporate Employment Equity Action Plan 2010 – 2012;

ii.          require that a direct linkage be established between each manager's individual accountabilities for the corporate Employment Equity Action Plan through their annual performance planner;

iii.         incorporate the targets set out in the Employment Equity Action Plan in the strategies of the Toronto Public Service People Plan;

iv.         develop and implement a Diversity Education campaign for the Toronto Public Service;

v.         develop and implement training programs designed for supervisors and managers on "Inclusion in the Workplace: Race" and "Duty to Accommodate";

vi.         develop a corporate Conflict Resolution and Positive Workplace Policy and related training initiatives on respectful and positive workplaces;

vii.        create a mandatory five year corporate leadership curriculum that incorporates the issues of employment equity, diversity, inclusion and conflict resolution/positive workplace culture;

viii.       expand the scope of the current "Access, Equity and Human Rights Awards" to also include the recognition of contributions by employees of the Toronto Public Service; and

ix.         include a Diversity and Positive Workplace Strategy progress report with the annual reporting of the Toronto Public Service People Plan.

The Executive Committee recommends that:

1.         City Council adopt the Diversity and Positive Workplace Strategy outlined in the attachment of the report (November 17, 200) from the City Manager.

2.         City Council authorize the City Manager to undertake the following specific actions:

i.          develop and implement a new three-year corporate Employment Equity Action Plan 2010 – 2012;

ii.          require that a direct linkage be established between each manager's individual accountabilities for the corporate Employment Equity Action Plan through their annual performance planner;

iii.         incorporate the targets set out in the Employment Equity Action Plan in the strategies of the Toronto Public Service People Plan;

iv.         develop and implement a Diversity Education campaign for the Toronto Public Service;

v.         develop and implement training programs designed for supervisors and managers on "Inclusion in the Workplace: Race" and "Duty to Accommodate";

vi.         develop a corporate Conflict Resolution and Positive Workplace Policy and related training initiatives on respectful and positive workplaces;

vii.        create a mandatory five year corporate leadership curriculum that incorporates the issues of employment equity, diversity, inclusion and conflict resolution/positive workplace culture;

viii.       expand the scope of the current "Access, Equity and Human Rights Awards" to also include the recognition of contributions by employees of the Toronto Public Service; and

ix.         include a Diversity and Positive Workplace Strategy progress report with the annual reporting of the Toronto Public Service People Plan.

The Employee and Labour Relations Committee on November 26, 2009, considered a report (November 17, 2009) from the City Manager, recommending a Diversity and Positive Workplace Strategy; a strategy that is an integral component of the goals and objectives established in the Toronto Public Service People Plan.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council receive for information the Workforce Survey among Non-Union Staff: Response Rate and Representation Rate set out in the report (September 30, 2009) from the Executive Director of Human Resources.

2.         City Council request the City Manager to submit a further report to the Employee and Labour Relations Committee, as soon as possible, when the Employment Equity Workforce Survey is complete.

The Executive Committee recommends that:

1.         City Council receive for information the Workforce Survey among Non-Union Staff: Response Rate and Representation Rate set out in the report (September 30, 2009) from the Executive Director of Human Resources.

2.         City Council request the City Manager to submit a further report to the Employee and Labour Relations Committee, as soon as possible, when the Employment Equity Workforce Survey is complete.

The Employee and Labour Relations Committee on November 26, 2009, considered a report (September 30, 2009) from the Executive Director, Human Resources, providing for information purposes the results of the 2007 Workforce Survey among non-union staff working within the Toronto Public Service.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council receive, for information, the report (November 9, 2009) from the City Manager and the Executive Director, Human Resources, entitled "Occupational Health and Safety Report, Third Quarter 2009."

The Executive Committee recommends that City Council receive, for information, the report (November 9, 2009) from the City Manager and the Executive Director, Human Resources, entitled "Occupational Health and Safety Report, Third Quarter 2009."

City Council on January 26 and 27, 2010, deferred consideration of Item EX39.11 to its next meeting on February 22, 2010.

View the February 22 and 23, 2010 City Council decision on this item:

The Executive Committee recommends that:

1.         City Council Endorse Transit Vision 2040, as developed by the Canadian Urban Transit Association (CUTA), including its 6 themes as set out in the letter (December 16, 2009) from Councillor Mihevc and 27 Strategic Directions.

2.         City Council seek to align the future vision of public transit services with Transit Vision 2040 and endeavour to reach or exceed performance targets outlined in the Vision.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council increase the 2009 Operating Budget for the Community Partnership and Investment Program, administered by Social Development, Finance and Administration Division, by $350,000.00, fully funded by Section 37 community benefits related to 530 St. Clair Avenue West, (source: Section 37, Clearing Account 220096), to provide, conditional on the City’s receipt of the funds, a one-time grant of $350,000.00 to Toronto Artscape toward the provision of the capital improvements and enhancements to the Artscape’s Wychwood Barns project.

The Executive Committee recommends that:

1.         City Council increase the 2009 Operating Budget for the Community Partnership and Investment Program, administered by Social Development, Finance and Administration Division, by $350,000.00, fully funded by Section 37 community benefits related to 530 St. Clair Avenue West, (source: Section 37, Clearing Account 220096), to provide, conditional on the City’s receipt of the funds, a one-time grant of $350,000.00 to Toronto Artscape toward the provision of the capital improvements and enhancements to the Artscape’s Wychwood Barns project.

The Toronto Artscape’s Wychwood Barns, is the beneficiary of funds received through a Section 37 agreement.  This motion provides authority for release of these funds as soon as possible to enable Artscape to begin the urgent capital improvement project for which the funds are intended.

City Council on January 26 and 27, 2010, adopted the following:

1.         City Council establish the reserve fund groups and  reserve funds accounts that relate to development charges as set out in Appendices A1-A4 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for the purposes with criteria as set out therein for fiscal 2009.

2.         City Council establish the following two accounts – Police Legal Liabilities Reserve and Police Health Care Spending Reserve Fund - as set out in Appendices B1 and B2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer to support the Toronto Police Service’s legal obligations for the purposes set out therein for fiscal 2009.

3.         City Council establish the Section 16 Reserve Fund to hold funds from agreements signed with developers under Section 16 of the City of Toronto Act, 1971, S.O. 1971, c. 130, as amended, as set out in Appendix C1 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for fiscal 2009.

4.         City Council establish the Toronto Museum Donation Reserve to receive donations and contributions for the purpose of establishing a Museum of Toronto and related galleries as set out in Appendix C2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer.

5.         City Council amend Appendix C2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer by adding the following new item 8:

              8.       The General Manager, Economic Development, Culture and Tourism, in consultation with the City Manager and Treasurer, be authorized to draw up to $100,000.00 from the reserve to cover museum development costs.

6.         City Council establish the Move Ontario Trust Interest Reserve Fund to receive the City’s share of the net income distributed by the Move Ontario Trust to be used for the Toronto-York Spadina Subway Extension Project as set out in Appendix C3 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for fiscal 2009 and any interest on hand be transferred to this account.    

7.         City Council establish the following two accounts – Transportation Cash In Lieu Reserve Fund and the Toronto Water Cash In Lieu Reserve Fund – as set out in Appendices D1 and D2  in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer to hold funds provided by property developers for the respective services instead of doing the work themselves under the provisions of Section 41(7) of the Planning Act and any cash in lieu funds held by the City be transferred to the respective accounts as of January 1, 2010.

8.         City Council close and delete the Don Valley Brick Works Donation Reserve Fund from Municipal Code Chapter 227 Schedule #5 – Donations Reserves.

9.         City Council change the name of the North York Performing Arts Stabilization Reserve to “Toronto Centre for the Arts Stabilization Reserve” with the purpose changed to “provides funding to finance the Toronto Center for the Arts' operating deficits or to support fiscal stabilization activity through revenue generating plans and initiatives”.

10.       City Council transfer the year-end balance of the Animal Services Vehicle and Equipment Replacement Reserve to the MLS Vehicle and Equipment Replacement Reserve, the Animal Services Vehicle and Equipment Replacement Reserve be closed and the Animal Services Vehicle and Equipment Replacement Reserve be deleted from Vehicle and Equipment Replacement Reserve Group within Schedule #1, Corporate Reserves of Municipal Code Chapter 227.

11.       City Council rename the Zoo Endangered Species Reserve which currently resides in the Donation Reserve (Schedule #5) the Zoo Endangered Species Reserve Fund, transferred to the State of Good Repair Obligatory Reserve Funds (Schedule #14) with same purpose and investment earnings be applied as of December 1, 2008.

12.       City Council amend Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, in accordance with Recommendations 1 – 11.

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

The Executive Committee recommends that:

1.         City Council establish the reserve fund groups and  reserve funds accounts that relate to development charges as set out in Appendices A1-A4 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for the purposes with criteria as set out therein for fiscal 2009.

2.         City Council establish the following two accounts – Police Legal Liabilities Reserve and Police Health Care Spending Reserve Fund - as set out in Appendices B1 and B2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer to support the Toronto Police Service’s legal obligations for the purposes set out therein for fiscal 2009.

3.         City Council establish the Section 16 Reserve Fund to hold funds from agreements signed with developers under Section 16 of the City of Toronto Act, 1971, S.O. 1971, c. 130, as amended, as set out in Appendix C1 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for fiscal 2009.

4.         City Council establish the Toronto Museum Donation Reserve to receive donations and contributions for the purpose of establishing a Museum of Toronto and related galleries as set out in Appendix C2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer.

5.         City Council amend Appendix C2 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer by adding the following new item 8:

              8.       The General Manager, Economic Development, Culture and Tourism, in consultation with the City Manager and Treasurer, be authorized to draw up to $100,000.00 from the reserve to cover museum development costs.

6.         City Council establish the Move Ontario Trust Interest Reserve Fund to receive the City’s share of the net income distributed by the Move Ontario Trust to be used for the Toronto-York Spadina Subway Extension Project as set out in Appendix C3 in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer for fiscal 2009 and any interest on hand be transferred to this account.    

7.         City Council establish the following two accounts – Transportation Cash In Lieu Reserve Fund and the Toronto Water Cash In Lieu Reserve Fund – as set out in Appendices D1 and D2  in the report (December 9, 2009) from the Deputy City Manager and Chief Financial Officer to hold funds provided by property developers for the respective services instead of doing the work themselves under the provisions of Section 41(7) of the Planning Act and any cash in lieu funds held by the City be transferred to the respective accounts as of January 1, 2010.

8.         City Council close and delete the Don Valley Brick Works Donation Reserve Fund from Municipal Code Chapter 227 Schedule #5 – Donations Reserves.

9.         City Council change the name of the North York Performing Arts Stabilization Reserve to “Toronto Centre for the Arts Stabilization Reserve” with the purpose changed to “provides funding to finance the Toronto Center for the Arts' operating deficits or to support fiscal stabilization activity through revenue generating plans and initiatives”.

10.       City Council transfer the year-end balance of the Animal Services Vehicle and Equipment Replacement Reserve to the MLS Vehicle and Equipment Replacement Reserve, the Animal Services Vehicle and Equipment Replacement Reserve be closed and the Animal Services Vehicle and Equipment Replacement Reserve be deleted from Vehicle and Equipment Replacement Reserve Group within Schedule #1, Corporate Reserves of Municipal Code Chapter 227.

11.       City Council rename the Zoo Endangered Species Reserve which currently resides in the Donation Reserve (Schedule #5) the Zoo Endangered Species Reserve Fund, transferred to the State of Good Repair Obligatory Reserve Funds (Schedule #14) with same purpose and investment earnings be applied as of December 1, 2008.

12.       City Council amend Toronto Municipal Code Chapter 227, Reserves and Reserve Funds, in accordance with Recommendations 1 – 11.

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

Mr. Sameh Ghally, Program Manager, Toronto Transit Commission, gave a presentation to the Executive Committee on the Request for Approval of the Etobicoke-Finch West LRT Environmental Assessment Study and submitted a copy of his presentation.