Item - 2016.EX19.1

That City Council delete Executive Committee Recommendation 7:

7.  City Council direct the Chief Planner and Executive Director, City Planning to continue to work in partnership with the Toronto Transit Commission, the Province of Ontario, and Metrolinx in order to:

a.  complete the early planning and technical analysis for the Eglinton West LRT extension between Mount Dennis and Renforth Gateway as described in Stage 3 of the Stage Gate Process in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer, and in particular finalize the number of stops and required grade separations for the project; and

b.  report to Executive Committee at the next stage in the Stage Gate Process on the recommended scope for the Eglinton West LRT extension between Mount Dennis and Renforth Gateway as a result of the technical and planning analysis in part a, and provide a revised Class 4/5 cost estimate for the project; and authorize the City and/or Metrolinx on behalf of or in conjunction with the City of Toronto to proceed with any required amendment of the formal Transit Project Assessment Process (TPAP).

and replace it with the following new recommendation:

7.  City Council direct the Chief Planner and Executive Director, City Planning to:

a.  undertake further planning and technical analysis for the Eglinton West LRT after the report on the Waterfront Transit Network Vision Phase 2 (Waterfront Reset) planned for the second quarter of 2017 has been considered by Council; and

b.  report to Executive Committee at the next stage in the Stage Gate Process on the recommended scope for the Eglinton West LRT extension between Mount Dennis and Renforth Gateway after the report on the Waterfront Transit Network Vision Phase 2 (Waterfront Reset) planned for the second quarter of 2017 has been considered by Council.

That City Council delete Executive Committee Recommendation 8:

8.  City Council request the City of Mississauga and Greater Toronto Airports Authority (GTAA) to confirm their interest in the extension of the Eglinton West LRT between Renforth Gateway and Pearson Airport, including commitment of resources to the planning, design, construction and delivery of the project.

and replace it with the following new recommendation:

8.  City Council initiate discussions with the City of Mississauga and the Greater Toronto Airports Authority regarding the Eglinton West LRT if necessary after Council has considered the report on Waterfront Transit Network Vision Phase 2.

That City Council request Metrolinx to assess the requirement for grade separation at Passmore Avenue as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increased frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.

That City Council request Metrolinx to assess the requirement for grade separation at McNicoll Avenue as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increased frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.

City Council request Metrolinx to assess the requirement for grade separation at Huntingwood Drive as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increased frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.

That City Council request Metrolinx to assess the requirement for grade separation at Havendale Road as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increased frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.

That City Council amend Executive Committee Recommendation 14 by adding the words " and City Council request the Deputy City Manager and Chief Financial Officer to provide an update on the financial strategy to Council in Q3 2017" so that the reommendation now reads as follows:

14.  City Council direct the Deputy City Manager and Chief Financial Officer to add, through the 2017 Budget Process, the preliminary SmartTrack total net project cost of $2.0 billion ($3.7 billion gross) to the 2017-2026 Capital Program with cash flows as shown in table 2 below, and that these estimates be refined upon completion of Class 3 cost estimates in accordance with the Stage Gate Process described in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer, and City Council request the Deputy City Manager and Chief Financial Officer to provide an update on the financial strategy to Council in Q3 2017.

Table 2. Preliminary Capital Case Flow Forecast for SmartTrack ($YOE, millions)

That City Council request the City Manager, in consultation with the Toronto Transit Commission, to report on a mechanism/strategy to ensure better Councillor consultation and communication in between the Stage Gates. 

That City Council request the City Manager in consultation with the Toronto Transit Commission and in negotiation with Metrolinx and the Province, consider a strong role for the Toronto Transit Commission in developing procurement options, especially in the areas of overhead electrical and track work, given the Toronto Transit Commission's competitive expertise in these areas.

That as part of the ongoing negotiations with the Province on the Transit Network Plan financing, City Council direct City staff and the Toronto Transit Commission to immediately begin negotiations with the Province on restoring a broader operating subsidy to the Toronto Transit Commission.

That City Council request the City Clerk, in consultation with the City Manager and the City Solicitor, to report to the Executive Committee as soon as possible and prior to any implementation of the Transit Network Plan, on the feasibility of and process for putting a question to the electors on the Transit Network Plan financing prior to the 2018 General Municipal Election.

That City Council defer consideration of the Item to the Special City Council meeting on February 15, 2017 when City Council considers the 2017 Budget. 

If motion a fails:

That City Council delete the Executive Committee recommendations and adopt the following instead:

Summary Term Sheet and Agreements

1.  City Council approve, in principle, the Summary Term Sheet and the Stage Gate Process outlined in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer.

2.  City Council authorize the Mayor, the City Manager, and any other relevant City officials to negotiate, enter into and execute Agreements with the Province, Metrolinx, and/or any of its agencies, to agree to with respect to the Stage Gate Process of funding approval for the SmartTrack Project, cost-share arrangements in respect of various other transit initiative, and any necessary ancillary agreements substantially in accordance with the Summary Term Sheet set out in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer, and on such other terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor. and report to Council prior to entering into and executing the final terms and conditions.

3.  City Council request the City Manager report back to the Executive Committee at Stage 4 and Stage 5 of the Stage Gate Process for approval of for consideration and direction on the approval of full capital funding of the SmartTrack Project, requesting Metrolinx to proceed with the procurement process for SmartTrack, and providing an update on the City's SmartTrack conditions set out in the Summary Term Sheet in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer.

4.  City Council direct that Confidential Attachment 6 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer regarding the terms of the Georgetown South cost sharing agreement, be made public following Council’s consideration of the item. 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, provided that such information or portions of such information may be released publicly at the discretion of the City Solicitor.

Technical and Planning Recommendations

5.  City Council direct the Chief Planner and Executive Director, City Planning to continue to work in partnership with the Toronto Transit Commission, the Province of Ontario, and Metrolinx to:

a.  complete the planning and design for the six new SmartTrack stations and two new Regional Express Rail stations as described in Stage 3 of the Stage Gate Process in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer; and

b.  report to Executive Committee at the Stage 4 next phase of the Stage Gate Process for consideration and direction on for approval of the draft Environmental Project Reports for the new SmartTrack/RER stations and to authorize the City to proceed with the formal Transit Project Assessment Process (TPAP) with Metrolinx.

6.  City Council confirm to Metrolinx its support for transit supportive policies and land uses, as established in the Official Plan, for the SmartTrack and Regional Express Rail (RER) station areas. 

7.  City Council direct the Chief Planner and Executive Director, City Planning to continue to work in partnership with the Toronto Transit Commission, the Province of Ontario, and Metrolinx in order to:

a. complete the early planning and technical analysis for the Eglinton West LRT extension between Mount Dennis and Renforth Gateway as described in Stage 3 of the Stage Gate Process in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer, and in particular finalize the number of stops and required grade separations for the project; and

b.  report to Executive Committee at the next stage in the Stage Gate Process on the recommended scope for the Eglinton West LRT extension between Mount Dennis and Renforth Gateway as a result of the technical and planning analysis in part a, and provide a revised Class 4/5 cost estimate for the project; and authorize the City and/or Metrolinx on behalf of or in conjunction with the City of Toronto to proceed with any required amendment of the formal Transit Project Assessment Process (TPAP).

8.  City Council request the City of Mississauga and Greater Toronto Airports Authority (GTAA) to confirm their interest in the extension of the Eglinton West LRT between Renforth Gateway and Pearson Airport, including commitment of resources to the planning, design, construction and delivery of the project.

 9. City Council direct the City Manager to work with Metrolinx to ensure that the planning, design and delivery of the St. Clair West SmartTrack Station (and other Regional Express Rail corridor improvements) and the St. Clair West Transportation Master Plan be coordinated, including reconstruction and widening of the St. Clair West bridge to facilitate improved Regional Express Rail and CP operations, and improved road and surface transit connections, to achieve cohesive and improved multi-modal transportation integration in the area.

10. City Council request Metrolinx to assess the requirement for grade separation at Progress Avenue as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increase frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.

11. City Council request Metrolinx to assess the requirement for grade separation at Danforth Road as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increase frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.

12. City Council direct the City Manager to request Metrolinx to eliminate from consideration any grade separation at Danforth Road that would involve the permanent closure of existing City streets or roadways.

Finance Recommendations

13.  City Council direct request the Deputy City Manager and Chief Financial Officer to identify $71 million in funding, for consideration through the 2017 - 2026 capital budgeting and planning process, with cash flows as shown in table 1 below, for planning, design, environmental assessment preparation, property acquisition, and other predevelopment expenditures related to the proposed six SmartTrack Stations on the Stouffville, Kitchener GO, and Lakeshore East corridors

Table 1: Predevelopment Funding for SmartTrack ($YOE millions)

14.  City Council request direct the Deputy City Manager and Chief Financial Officer to add, for consideration through the 2017 Budget Process, the preliminary SmartTrack total net project cost of $2.0 billion ($3.7 billion gross) to the 2017-2026 Capital Program with cash flows as shown in table 2 below (adjusted for the removal of Eglinton West LRT), and that these estimates be refined upon completion of Class 3 cost estimates in accordance with the Stage Gate Process described in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer.

Table 2. Preliminary Capital Case Flow Forecast for SmartTrack ($YOE, millions)

 15.  City Council direct the Deputy City Manager and Chief Financial Officer to defer proceed with the $95 million in total payments related to the City's share of the GO Georgetown South project infrastructure costs as described in the Summary Term Sheet in Attachment 1 and in Attachment 6 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer, and which are currently incorporated in the Council-approved budgets for Toronto Water and Transportation Services, until the 2017 rate-supported and tax supported budgets have been approved by City Council.

16.  City Council request direct the Deputy City Manager and Chief Financial Officer to include funding (currently estimated at $62 million) for consideration as part of the 2017-2026 Capital Budget Process for the City's 15 percent share of 5 grade separations.

17.  City Council request direct the Deputy City Manager and Chief Financial Officer to include $60 million in funding for the payment of the City's previously suspended 2015-2017 GO Capital Expansion payments for consideration as part of the 2017-2026 Capital Budget Process.

18.  City Council direct the Deputy City Manager and Chief Financial Officer to:

a.  advance the development of the capital funding and financing strategy for SmartTrack, consisting of a combination of municipal tax increment, development charges, tax-supported debt financing, and other potential revenue sources such as asset sales;

b.  engage capital market and legal consulting expertise in assessing the appropriate debt structure for financing the SmartTrack project; and

c. report back to Council for consideration with the implementation of this recommended strategy once the capital cost estimates have been refined to a Class 3 level and Council considers confirms its definitive commitment to the project.

That City Council amend Executive Committee Recommendation 2 by adding the words "after the City Manager obtains a third party legal opinion regarding the responsibility to pay operating costs for the LRT projects identified in the 2012 Master Agreement between Metrolinx, the City of Toronto, and the TTC" so that it now reads as follows:

2.  City Council authorize the Mayor, the City Manager, and any other relevant City officials to negotiate, enter into and execute Agreements with the Province, Metrolinx, and/or any of its agencies, to agree to the Stage Gate Process of funding approval for the SmartTrack Project, cost-share arrangements in respect of various other transit initiative, and any necessary ancillary agreements substantially in accordance with the Summary Term Sheet set out in Attachment 1 to the report (October 31, 2016) from the City Manager and the Deputy City Manager and Chief Financial Officer, and on such other terms and conditions satisfactory to the City Manager and in a form satisfactory to the City Solicitor, subject to the City Manager obtaining a third party legal opinion regarding the responsibility to pay operating costs for the LRT projects identified in the 2012 Master Agreement between Metrolinx, the City of Toronto, and the TTC. 

That City Council delete Executive Committee Recommendation 8:

8. City Council request the City of Mississauga and Greater Toronto Airports Authority to confirm their interest in the extension of the Eglinton West LRT between Renforth Gateway and Toronot Pearson International Airport, including commitment of resources to the planning, design, construction and delivery of the project.

and replace it with the following new recommendation:

8.  City Council request the City Manager to not allocate any predevelopment funding identified in Executive Committee Recommendation 13 toward the extension of the Eglinton West LRT between Renforth Gateway and Pearson Airport until the City of Mississauga and Greater Toronto Airports Authority confirm their interest in the LRT, including commitment of resources to the planning, design, construction and delivery of the project and report to the January 19, 2017 meeting of the Executive Committee.

That City Council amend Executive Committee Recommendation 18, part c. by deleting the words "and Council confirms its definitive commitment to the project" and adding the words "prior to Council confirming its definitive commitment to the project" so that it now reads as follows:

18 c.  report back to Council with the implementation of this recommended strategy once the capital cost estimates have been refined to a Class 3 level prior to Council confirming its definitive commitment to the project.

That City Council direct the Chief Planner and Executive Director, City Planning and the Deputy City Manager and Chief Financial Officer to bring forward a development strategy for public lands adjacent to potential transit, for air rights over potential transit and for lands to be acquired as necessary, sufficient to create ongoing operating revenue streams through public ownership and management of the properties developed as a result of the strategy. Such strategy to be executed in conjunction with the Transit Network in order to maximize the revenue potential through coordinated design.

That City Council direct the City Manager and Chief Planner and Executive Director, City Planning to work with Metrolinx and the Province of Ontario to improve the placement and access points of the Liberty Village Smart Track Station to maximize connectivity with existing residential and employment uses in Liberty Village and to report back to Executive Committee at the next stage in the Stage Gate Process.

That City Council direct the City Manager and Chief Planner and Executive Director, City Planning to work with Metrolinx and the Province of Ontario to improve pedestrian connections to the existing Exhibition Place Station for both Liberty Village and Exhibition Place and to report back to Executive Committee at the next stage in the Stage Gate Process.

That City Council direct the Chief Planner and Executive Director, City Planning to report to Planning and Growth Management Committee at its January 2017 meeting with options to develop a comprehensive plan for managing development and growth in the areas identified for transit expansion in the Transit Network Plan.

That City Council request that the Deputy City Manager, Cluster B and the Chief Planner and Executive Director, City Planning to work with Metrolinx on including the study and design of the Railpath along the Barrie Line between Bloor and Dundas West in the Environmental Assessment for the Bloor/Lansdowne Station.

That City Council amend Executive Committee Recommendation 18, part a, so that it now reads as follows:

18.  City Council direct the Deputy City Manager and Chief Financial Officer to:

a. advance the development of the capital funding and financing strategy for SmartTrack, consisting of a combination of municipal tax increment, development charges, tax-supported debt financing, and other potential revenue sources such as new revenue tools and asset sales;

That City Council direct the City Manager and Chief Financial Officer to amend the Summary Term Sheet so that in the event that any other municipality gets more favourable terms for LRT operating and maintenance funding that Toronto shall receive the same terms.

That City Council confirm that the Official Plan, relevant Secondary plans, the Zoning By-law or other relevant planning policies are not changed by its decision on this item.

That City Council amend Executive Committee Recommendation 18, part a. by deleting the words "such as asset sales" so that it now reads as follows:

18a. advance the development of the capital funding and financing strategy for SmartTrack, consisting of a combination of municipal tax increment, development charges, tax-supported debt financing, and other potential revenue sources such as asset sales;

Adoption of Executive Committee Recommendation 1 as it pertains to the Eglinton LRT.

Adoption of the balance of Executive Committee Recommendation 1.

Adoption of Executive Committee Recommendation 2.

Adoption of Executive Committee Recommendation 3.

Adoption of Executive Committee Recommendation 4.

Adoption of Executive Committee Recommendation 5.

Adoption of Executive Committee Recommendation 6.

Adoption of Executive Committee Recommendation 7.

Adoption of Executive Committee Recommendation 8.

Adoption of Executive Committee Recommendation 9.

Adoption of the balance of the item as amended.

That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on deferral motion 5a by Councillor Davis and take the vote immediately.

Councillor Mammoliti, rising on a Point of Order, stated that he wished to know if the Speaker would entertain a motion to introduce a plebiscite to ask Toronto taxpayers how they want to finance the Transit Network Plan.

Councillor Davis, rising on a Point of Privilege, stated that Councillor Crawford had misrepresented her motivation to defer EX19.1 and she would like him to refrain from suggesting that she was trying to "kill" the Transit Network Plan.

Councillor Ford, rising on a Point of Order, requested that Members of Council vote separately on the portion of Executive Committee Recommendation 1 that pertains to the Eglinton LRT and on Executive Committee Recommendation 7.

Councillor Layton, rising on a Point of Order, requested that Members of Council vote on each Executive Committee recommendation separately.

Councillor Holland, rising on a Point of Order stated that Councillor Layton should bundle the recommendations that he wished to vote on.

Councillor Matlow, rising on a Point of Order, stated that he needed clarification from staff on whether supporting the Item would lead to a big financial commitment, as Councillor Bailão was advised during questions of staff that 71 million dollars would be incurred, but the report referenced unidentified costs.

Councillor Matlow, rising on a Point of Privilege, apologized to City staff for a comment he made in an interview following the transit debate and for using the staff person's name.

That the second round of the questions to staff from Members of Council (including Members of the Executive Committee) be limited to 3 minutes per Member.

That City Council direct the City Manager to work with Metrolinx to ensure that the planning, design and delivery of the St. Clair West SmartTrack Station (and other Regional Express Rail corridor improvements) and the St. Clair West Transportation Master Plan be coordinated, including reconstruction and widening of the St. Clair West bridge to facilitate improved Regional Express Rail and CP operations, and improved road and surface transit connections, to achieve cohesive and improved multi-modal transportation integration in the area.

That:

1.  City Council request Metrolinx to assess the requirement for grade separation at Danforth Road as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increase frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.

2. City Council direct the City Manager to request Metrolinx to eliminate from consideration any grade separation at Danforth Road that would involve the permanent closure of existing City streets or roadways.

That City Council request Metrolinx to assess the requirement for grade separation at Progress Avenue as part of the infrastructure required by the Province to implement Regional Express Rail in the City of Toronto, recognizing the increase frequency of train service under the Regional Express Rail program that will occur, and provide a response to the City of Toronto.