Item - 2012.CC27.6

Tracking Status

CC27.6 - Metrolinx-City of Toronto-Toronto Transit Commission Master Agreement for Light Rail Transit Projects

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on October 30, 31 and November 1, 2012, adopted the following:

 

1.         City Council authorize the City Manager, on behalf of the City, to consent to Metrolinx’s request to the Minister of the Environment to take all actions required to substitute Metrolinx for the City and the Toronto Transit Commission (TTC) as the sole proponent of the following Environmental Project Reports,  provided that (i) Metrolinx affirm the scope of the projects as set out in the Environmental Project Reports as previously approved by City Council; (ii) Metrolinx be required to consult the City in advance of any proposed material amendments to the affirmed scope of the projects as set out in the Environmental Project Reports and detailed in the letter (October 29, 2012) from the Metrolinx President and Chief Executive Officer to the Toronto City Manager attached to the report (October 29, 2012) from the City Manager; and (iii) City Council have a right to object or oppose any such proposed amendments:

 

a.          Eglinton Crosstown Light Rail, Transit Project Assessment Study, March 2010;

 

b.          Etobicoke-Finch West Light Rail Transit, Transit Project Assessment, Environmental Project Report, March 2010; and

 

c.         Scarborough Rapid Transit Environmental Project Report, Transit Project Assessment Study, August 2010, updated October 2010.

 

2.         City Council take the following actions required to implement the real estate transactions identified in the Master Agreement:

 

a.         City Council exempt from the requirements of City of Toronto Municipal Code, Chapter 213, Sale of Real Property those lands determined by the Chief Corporate Officer to be required for the implementation of the Transit Projects, including the Agincourt Grade Separation Project (the "Transit Lands");

 

b.         City Council permanently close and exempt any of the Transit Lands constituting public highway from the requirements of Chapter 162 of the Toronto Municipal Code;

 

c.         City Council direct the appropriate City staff to advise the public of the proposed closures of any Transit Lands, prior to implementation, in accordance with the requirements of the Municipal Class Environmental Assessment for Schedule “A+” activities, by posting notice of the proposed closures on the notices page of the City’s web site;

 

d.         City Council grant easements for services and utilities in the Transit Lands for nominal consideration in accordance with the terms of the Real Estate Principles in the Master Agreement;

 

e.         City Council delegate authority to the Chief Corporate Officer to approve the disposal to Metrolinx of certain Transit Lands for nominal consideration, in accordance with the Real Estate Principles identified in the Master Agreement, on terms satisfactory to the Chief Corporate Officer, including the reservation of any easements necessary to protect existing City services, and in a form acceptable to the City Solicitor;

 

f.          City Council authorize, as the approving authority under the Expropriations Act, the Chief Corporate Officer to dispose of those Transit Lands acquired by expropriation without giving the owner from whom the land was expropriated the first chance to repurchase the land on the terms of the best offer received by the expropriating authority;

 

g.         City Council exempt the disposition of the Transit Lands from policies generally applicable to the disposal of City land and authorize the Chief Corporate Officer to enter into such additional or other agreements or documents and to do all things deemed appropriate as may, in the opinion of the Chief Corporate Officer or the City Solicitor, be desirable to give effect;

 

h.         City Council authorize the Director of Real Estate Services to serve and publish Notices of Application for Approval to Expropriate any property interests required to implement the Transit Projects, to forward to the Chief Inquiry Officer any requests for hearing that are received, to attend the hearings to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration;

 

i.          City Council authorize the City Solicitor to complete the transactions on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending and waiving terms and conditions, on such terms as she considers appropriate; and

 

j.          City Council authorize the Chief Corporate Officer to consent on behalf of the City, as owner, to the submission of applications and documents required in connection with any regulatory approvals in respect of the Transit Lands and each of the Chief Corporate Officer and the Director of Real Estate Services be authorized severally to execute any documents required to give effect.

 

3.         City Council agree to a binding dispute resolution process in the Master Agreement as described in the report (October 23, 2012) from the City Manager to deal with disputes involving the allocation of costs between the parties in respect of City infrastructure.

 

4.         City Council authorize the City Manager to oversee coordination of the appropriate City divisions and the TTC relative to City responsibilities until the completion of the Transit Projects, and to report back regularly to City Council on any matters that would constitute a material change to the scope of the Transit Projects including amendments to the Environmental Project Reports, and any operational or capital funding requirements resulting from the implementation of the Transit Projects.

 

5.         City Council authorize the City Manager and the Chief Executive Officer, Toronto Transit Commission, to jointly develop a rates policy for negotiation with Metrolinx as part of the future detailed operating agreement under the Master Agreement for Council and TTC consideration, such policy to include a provision that the TTC set the rates for the transit lines on which the TTC would be operating vehicles.

 

6.         City Council request that Metrolinx, as part of the Communications Protocol, keep City Councillors informed of construction or other project impacts affecting Toronto communities and neighbourhoods.

 

7.         City Council direct that the confidential draft Master Agreement remain 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 and the receiving of advice that is subject to solicitor client privilege.

 

8.         City Council direct that the final Master Agreement between the City, Metrolinx and the TTC (including all Schedules to it) be made public subject to applicable law, in consultation with Metrolinx and the TTC, once it has been fully executed by all three parties.

 

The Confidential draft Master Agreement (CC27.6b) submitted by the City Manager remains confidential in its entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it contains information related to the security of the property of the municipality or local board and the receiving of advice that is subject to solicitor client privilege.

 

The final Master Agreement (including all Schedules to it) between the City, Metrolinx and the Toronto Transit Commission will be made public subject to applicable law, in consultation with Metrolinx and the TTC, once the agreement has been full executed by all three parties.

Confidential Attachment - The security of the property of the municipality or local board and the receiving of advice that is subject to solicitor-client privilege

Background Information (City Council)

(October 23, 2012) Report from the City Manager on Metrolinx-City of Toronto-Toronto Transit Commission Master Agreement for Light Rail Transit Projects (CC27.6)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-51449.pdf
(October 29, 2012) Supplementary report from the City Manager on the Metrolinx-City of Toronto-TTC Master Agreement for Light Rail Transit Projects (CC27.6a)
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-51585.pdf
(October 29, 2012) Letter from the President and CEO of Metrolinx on the Master Agreement for Light Rail Transit Projects
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-51586.pdf
(October 30, 2012) from the City Manager submitting a confidential draft of the Master Agreement (CC27.6b)
Executed Master Agreement with redactions - made public on December 12, 2012
https://www.toronto.ca/legdocs/mmis/2012/cc/bgrd/backgroundfile-53862.pdf

Communications (City Council)

(November 1, 2012) E-mail from Joell Ann Vanderwagen, Citizens for Public Transit (CC.New.CC27.6.2)
(October 30, 2012) Submission from Citizens for Public Transit (CC.New.CC27.6.1)

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Joe Mihevc (Carried)

That City Council adopt the following recommendations contained in the report (October 29, 2012) from the City Manager (CC27.6a):

 

1.         City Council delete and replace Recommendations 1 and 4 in the report dated October 23, 2012 from the City Manager with the following:

 

1.         City Council authorize the City Manager, on behalf of the City, to consent to Metrolinx’s request to the Minister of the Environment to take all actions required to substitute Metrolinx for the City and the TTC as the sole proponent of the following Environmental Project Reports,  provided that (i) Metrolinx affirm the scope of the projects as set out in the Environmental Project Reports as previously approved by City Council; (ii) Metrolinx be required to consult the City in advance of any proposed material amendments to the affirmed scope of the projects as set out in the Environmental Project Reports and detailed in the attached letter from the Metrolinx CEO to the Toronto City Manager; and (iii) City Council have a right to object or oppose any such proposed amendments:

 

a.          Eglinton Crosstown Light Rail, Transit Project Assessment Study, March 2010;

 

b.          Etobicoke-Finch West Light Rail Transit, Transit Project Assessment, Environmental Project Report, March 2010; and

 

c.         Scarborough Rapid Transit Environmental Project Report, Transit Project Assessment Study, August 2010, updated October 2010.

 

4.        City Council authorize the City Manager to oversee coordination of the appropriate City divisions and the TTC relative to City responsibilities until the completion of the Transit Projects, and to report back regularly to Council on any matters that would constitute a material change to the scope of the Transit Projects including amendments to the Environmental Project Reports, and any operational or capital funding requirements resulting from the implementation of the Transit Projects.

 

2.         City Council request that Metrolinx, as part of the Communications Protocol, keep City Councillors informed of construction or other project impacts affecting Toronto communities and neighbourhoods.

Vote (Amend Item) Nov-01-2012 5:38 PM

Result: Carried Majority Required - CC27.6 - Mihevc - motion 1
Total members that voted Yes: 31 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Frances Nunziata, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 10 Members that voted No are Paul Ainslie, Mike Del Grande, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 4 Members that were absent are Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong

2 - Motion to Amend Item (Additional) moved by Councillor Gord Perks (Carried)

That:

 

1.         City Council direct that the confidential draft master agreement remain 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 and the receiving of advice that is subject to solicitor client privilege.

 

2.         City Council direct that the final Master Agreement between the City, Metrolinx and the TTC (including all Schedules to it) be made public subject to applicable law, in consultation with Metrolinx and the TTC, once it has been fully executed by all three parties.

Vote (Amend Item (Additional)) Nov-01-2012 5:39 PM

Result: Carried Majority Required - CC27.6 - Perks - motion 2
Total members that voted Yes: 37 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Michael Thompson, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Doug Ford, Doug Holyday, Frances Nunziata, David Shiner
Total members that were Absent: 4 Members that were absent are Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong

3a - Motion to Amend Item (Additional) moved by Councillor David Shiner (Carried)

That City Council authorize the City Manager and the Chief Executive Officer, Toronto Transit Commission (TTC), to jointly develop a rates policy for negotiation with Metrolinx as part of the future detailed operating agreement under the Master Agreement for Council and TTC consideration, such policy to include a provision that the TTC set the rates for the transit lines on which the TTC would be operating vehicles.

Vote (Amend Item (Additional)) Nov-01-2012 5:40 PM

Result: Carried Majority Required - CC27.6 - Shiner - motion 3a
Total members that voted Yes: 34 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Frank Di Giorgio, Sarah Doucette, John Filion, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Mike Layton, Chin Lee, Pam McConnell, Mary-Margaret McMahon, Peter Milczyn, Frances Nunziata, Cesar Palacio, John Parker (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, David Shiner, Karen Stintz, Michael Thompson, Kristyn Wong-Tam
Total members that voted No: 7 Members that voted No are Josh Colle, Paula Fletcher, Mary Fragedakis, Josh Matlow, Joe Mihevc, Ron Moeser, Adam Vaughan
Total members that were Absent: 4 Members that were absent are Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong

3b - Motion to Amend Motion moved by Councillor David Shiner (Lost)

That City Council amend motion 1 by Councillor Mihevc by amending Recommendation 1 contained in the supplementary report (October 29, 2012) from the City Manager by deleting the word "consult" and replacing it with the words "obtain the consent of" and by deleting the words "(iii) City Council have a right to object or oppose any such proposed amendments" so that the recommendation now reads:

 

1.         City Council authorize the City Manager, on behalf of the City, to consent to Metrolinx’s request to the Minister of the Environment to take all actions required to substitute Metrolinx for the City and the TTC as the sole proponent of the following Environmental Project Reports,  provided that (i) Metrolinx affirm the scope of the projects as set out in the Environmental Project Reports as previously approved by City Council;  and (ii) Metrolinx be required to obtain the consent of the City in advance of any proposed material amendments to the affirmed scope of the projects as set out in the Environmental Project Reports and detailed in the attached letter from the Metrolinx CEO to the Toronto City Manager:

 

a.        Eglinton Crosstown Light Rail, Transit Project Assessment Study, March 2010;

 

b.        Etobicoke-Finch West Light Rail Transit, Transit Project Assessment, Environmental Project Report, March 2010; and

 

c.         Scarborough Rapid Transit Environmental Project Report, Transit Project Assessment Study, August 2010, updated October 2010.

Vote (Amend Motion) Nov-01-2012 5:37 PM

Result: Lost Majority Required - CC27.6 - Shiner - motion 3b
Total members that voted Yes: 13 Members that voted Yes are Paul Ainslie, Gary Crawford, Vincent Crisanti, Frank Di Giorgio, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Peter Milczyn, Frances Nunziata, James Pasternak, David Shiner, Michael Thompson
Total members that voted No: 28 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Mike Del Grande, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 4 Members that were absent are Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Nov-01-2012 5:41 PM

Result: Carried Majority Required - CC27.6 - Adopt the item as amended
Total members that voted Yes: 30 Members that voted Yes are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Peter Milczyn, Ron Moeser, Cesar Palacio, John Parker (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that voted No: 11 Members that voted No are Paul Ainslie, Vincent Crisanti, Mike Del Grande, Doug Ford, Rob Ford, Doug Holyday, Norman Kelly, Frances Nunziata, James Pasternak, David Shiner, Michael Thompson
Total members that were Absent: 4 Members that were absent are Mark Grimes, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong

Motion to Resolve to Committee of Whole moved by Councillor Karen Stintz (Lost)

November 1, 2012 at 4:14 p.m. - That Council recess its public session to meet as Committee of the Whole in closed session to consider:

 

CC27.6             Metrolinx-City of Toronto-Toronto Transit Commissioner Master Agreement for Light Rail Transit Projects (Ward All)

                         Reason for Confidential Information – The security of the property of the municipality or local board and the receiving of advice that is subject to solicitor-client privilege.

                       

MM27.15        Appointment of Deputy City Manager and Chief Financial Officer

                         Reason for Confidential Information – Personal matters about an identifiable individual, including municipal or local board employee.

Vote (Resolve to Committee of Whole) Nov-01-2012 4:14 PM

Result: Lost Majority Required - Meet in closed session on CC27.6 and MM27.15
Total members that voted Yes: 13 Members that voted Yes are Paul Ainslie, Gary Crawford, Mike Del Grande, Frank Di Giorgio, Doug Ford, Mark Grimes, Doug Holyday, Norman Kelly, Peter Milczyn, Frances Nunziata (Chair), Cesar Palacio, Anthony Perruzza, David Shiner
Total members that voted No: 22 Members that voted No are Maria Augimeri, Ana Bail„o, Michelle Berardinetti, Shelley Carroll, Raymond Cho, Josh Colle, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, John Filion, Paula Fletcher, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Ron Moeser, Gord Perks, Karen Stintz, Adam Vaughan, Kristyn Wong-Tam
Total members that were Absent: 10 Members that were absent are Vincent Crisanti, Rob Ford, Mary Fragedakis, Gloria Lindsay Luby, Giorgio Mammoliti, Denzil Minnan-Wong, John Parker, James Pasternak, Jaye Robinson, Michael Thompson
Ruling by Speaker Frances Nunziata
Councillor Shiner, rising on a point of personal privilege, stated that his right to ask questions about the confidential draft Master Agreement had been affected by Council's decision to not meet in closed session. Speaker Nunziata ruled that as City Council had decided not to meet in closed session, the only matter before Council was the public Item and Members of Council cannot ask questions on the confidential draft Master Agreement in the public session.

Source: Toronto City Clerk at www.toronto.ca/council