Item - 2019.EX4.1

Tracking Status

  • City Council adopted this item on April 16, 2019 with amendments.
  • This item was considered by Executive Committee on April 9, 2019 and was adopted with amendments. It will be considered by City Council on April 16, 2019.

EX4.1 - Toronto's Transit Expansion Program - Update and Next Steps

Decision Type:
ACTION
Status:
Amended
Wards:
All

City Council Decision

City Council on April 16 and 17, 2019, adopted the following:

 

Public Transit Infrastructure Fund Phase 2 Federal Funding Allocation

 

1.  City Council direct the City Manager to advise the Government of Canada and the Province of Ontario of the City of Toronto's priority transit expansion projects for its allocation of $4.897 billion in federal funding under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 program as follows:
 

a.  $0.660 billion as previously approved by City Council in October 2013 (Item 2013.CC39.5) for the Line 2 East Extension project as described in Attachment 2 to the report (April 3, 2019) from the City Manager;

 
b.  $0.585 billion as previously approved by City Council in April 2018 (Item 2018.EX33.1) for the SmartTrack Stations Program;

 
c.  $3.151 billion for the Relief Line South as described in the October 2018 Environmental Project Report as approved by the Minister of Environment, Conservation and Parks; and

 
d.  $0.500 billion for the Bloor-Yonge Capacity Improvement project as described in Attachment 1 to the report (April 3, 2019) from the City Manager.

 

2.  City Council direct the City Manager to advise the Government of Canada that cost-matching requirements of the Province of Ontario and the City of Toronto under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 program will be determined through ongoing discussions as part of the Toronto-Ontario Transit Responsibilities Realignment Review.

 

3.  City Council authorize the Mayor and the City Manager to negotiate and enter into agreements and amendments as may be required with the Province of Ontario and the Government of Canada for the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, in accordance with City Council's decision and upon such terms satisfactory to them in consultation with the City Solicitor.

 

4.  City Council direct the City Manager to advise the Province of Ontario and the Government of Canada that the City of Toronto will consider endorsing the following Provincial priorities under the City of Toronto's allocation of $4.897 billion in federal funding under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, subject to Part 5 below and the confirmation that the provincial transit plans will not result in an unreasonable delay to the implementation of Toronto's approved Transit Plan: the Downtown Relief Line; Line 2 One Stop Extension; 6 Smart Track stations; as well as the Eglinton and Waterfront Light Rapid Transit and the City Manager provide a status update to City Council for its consideration at its June 18 and 19, 2019 meeting on: 


a. $0.660 billion for the Province's proposed three-stop Line 2 East Extension project instead of the one-stop Line 2 East Extension project; and

 
b. $3.151 billion for the Province's proposed 'Ontario Line' as described in the 2019 Ontario Budget, instead of the Relief Line South.

 

Engaging with the Province

 

5. City Council authorize the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to engage the Province of Ontario in order to:

 
a. undertake an assessment of the Province's proposed changes to Toronto’s transit expansion program described in the 2019 Ontario Budget, and its alignment with the City of Toronto's and Toronto Transit Commission's strategic objectives and priorities, including an assessment of cost, schedule, operational and network impacts, and commercial and technical merits of the proposed changes;

 
b. negotiate principles with respect to cost-sharing, roles and responsibilities, governance, and funding for transit network expansion including but not limited to capital, operating, maintenance and lifecycle maintenance of the new expansion lines, funding requirements for the state of good repair of the existing network, and reimbursement for any sunk costs associated with a change in transit expansion plans; and

 
c. report back to City Council with an update as soon as practical on the proposed upload of subway extensions and new lines under Ontario's new transit proposal outlined in the 2019 Ontario Budget. 

 

6.  City Council direct the City Manager, in the City Manager's continuing discussions with the Province on the realignment of transit responsibilities, to emphasize the following issues:

 

a. the Toronto Transit Commission’s state of good repair backlog for the current subway system, for which Provincial and Federal government partnership is required urgently in order to address the needs of the system, including the purchase of new subway trains, buses, streetcars, as well as station improvements to address critical safety and accessibility issues;
 

b. station locations and the associated development that will occur at those sites, with regard to established City Planning guidelines such as density, and Council policy, such as inclusion of affordable housing, at those locations;
 

c. the necessity of consultation with local communities, outlined in the Terms of Reference, on the proposed plans announce by the Province; and
 

d. to ensure that discussions regarding potential City contributions to expansion include strict consideration of:

 

1. critical components of the City’s network transit plan, such as the Eglinton East Light Rail Transit and the Waterfront Transit Network, that are not identified in the Province’s proposed expansion plans and the need for City contributions to the expansion of the Eglinton East Light Rail Transit and the Waterfront Transit Network, should Provincial funding not be forthcoming;


2.  sunk costs associated with planning and design work for transit projects currently underway and to ensure that discussions regarding potential City contributions to expansion include strict consideration of these costs, either to ensure the City is compensated for such costs, or to ensure that planning and design work already completed is utilized for expansion projects proposed by the Province; and


3. the Province’s decision to clawback $1.1 billion over ten years of the City’s anticipated allocation of increased gas tax revenue, such revenue that would have been used for urgent state of good repair work.

 

7. City Council request the Province of Ontario to reinstate the promised Provincial Gas Tax increase to fund the Toronto Transit Commission conventional State of Good Repair capital program and other urgent capital priorities or to provide the equivalent year-by-year contribution to the City of Toronto through an alternate funding source, totalling $1.1 billion over 10 years.

 

8. City Council direct the City Manager and appropriate staff, in consultation with the Province of Ontario and the Chief Executive Officer, Toronto Transit Commission, to develop phasing options to ensure the priority segments of the Relief Line are delivered by the earliest possible in-service date.

 

Line 2 East Extension Project

 

9.  City Council approve $3.887 billion, which includes $3.796 billion for the base project scope, $0.071 billion for scope enhancements and $0.020 billion for a management reserve, for the one-stop Line 2 East Extension project as described in Attachment 2 to the report (April 3, 2019) from the City Manager, and City Council request the Chief Executive Officer, Toronto Transit Commission to proceed with procurement and construction of the project, subject to:

 
a.  the Province of Ontario providing written support for the Line 2 East Extension Project as outlined in Attachment 2 to the report (April 3, 2019) from the City Manager and confirmation of the Province of Ontario's previous funding commitment by May 15, 2019; and

 
b.  the Mayor and the City Manager entering into contribution agreements for the receipt of federal and provincial funding by November 30, 2019, on terms and conditions satisfactory to them in consultation with the City Solicitor.

 

10.  Subject to the fulfillment of the conditions set out in Part 9 above, City Council:


a.  amend the Council-Approved 2019-2028 Capital Budget and Plan for the Line 2 East Extension project to commit total project costs of $3.705 billion with cash flows of: $0.117 billion in 2019, $0.241 billion in 2020, $0.280 billion in 2021, $0.588 billion in 2022, $0.578 billion in 2023, $0.694 billion in 2024, $0.610 billion in 2025, $0.200 billion in 2026, $0.174 billion in 2027 and $0.223 billion in 2028; and

 
b.  approve the project to be funded from $0.660 billion Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, $1.990 billion in provincial funding, $0.258 billion in recoverable debt from XR2125 Development Charge Reserve Fund SSE Transit and $0.797 billion in recoverable debt from XR1725 Scarborough Transit Reserve Fund.

 

11.  City Council authorize:

 

a. the Director, Real Estate Services to enter into and execute Minutes of Settlement ("the Agreement") with the owners of 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue and the Toronto Transit Commission, substantially in accordance with the terms and conditions outlined in Confidential Attachment 1 to the report (March 13, 2019) from the Director, Real Estate Services, and on such other or amended terms and conditions as may be acceptable to the Director, Real Estate Services and in a form satisfactory to the City Solicitor;

 

b.  the Director, Real Estate Services to execute the Agreement and any ancillary agreements and documents under the Agreement, on behalf of the City;

 

c.  the Director, Real Estate Services to administer and manage the Agreement, including the provision of any consents, approvals, amendments, waivers and notices, provided that the Director may, at any time, refer consideration of any such matters (including their content) to City Council for its consideration and direction; and

 

d.   the City Solicitor to complete the Agreement on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending terms and conditions, on such terms as she considers reasonable.

 

12. City Council authorize the Director, Real Estate Services to:

 
a.  continue negotiations to acquire the Project Requirements, and if unsuccessful, City Council authorize the initiation of expropriation proceedings for the Property Requirements as set out in Appendix A to Attachment 2 to the report (April 3, 2019) from the City Manager and as illustrated on the Property Sketches attached as Appendix B to Attachment 2 (collectively the "Project Requirements") to the report (April 3, 2019) from the City Manager for the purposes of the construction, operation and maintenance of the Line 2 East Extension and all works and ancillary uses; and

 
b.  execute, serve and publish Notices of Application for Approval to Expropriate Land for the Project Requirements, to forward to the Chief Inquiry Officer any requests for inquiries received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.

 

13.  City Council request the following, should Parts 9.a. or 9.b. above not be met:

 

a.  request the Province of Ontario to provide written confirmation of the station locations and the terminus of the proposed three-stop subway extension referenced in the March 22 and 26, 2019 letters from the Special Advisor to Cabinet - Transit Upload and the Deputy Minister, Ministry of Transportation to the City Manager and Chief Executive Officer, Toronto Transit Commission, included as Attachment 1 and 2 to the supplementary report (March 26, 2019) from the City Manager on Engagement with the Province on Toronto's Transit System - First Quarter 2019 Status Report (Item 2019.EX3.1); and

 
b.  direct the City Manager in consultation with the Chief Executive Officer, Toronto Transit Commission and the Chief Transit Expansion Officer, Toronto Transit Commission to report to City Council on an assessment of the cost, schedule, and operational impacts to the Toronto Transit Commission network (e.g. Line 3 Scarborough and bus operations) associated with changing the scope and/or delivery model of the Line 2 East Extension project, and principles to guide future discussions with the Province of Ontario.

 

Waterfront Transit - Queens Quay Link and East Bayfront Light Rail Transit

 

14.  City Council approve the Streetcar Option as the preferred technology for the Union Station-Queens Quay Link as described in Attachment 3 to the report (April 3, 2019) from the City Manager, thereby concluding the initiation and development phase of the project.

 
15.  City Council request the Deputy City Manager, Infrastructure and Development Services, in partnership with the Chief Executive Officer, Toronto Transit Commission and Waterfront Toronto, to commence the preliminary design and engineering phase of the Union Station-Queens Quay Link and the extension of the Light Rail Transit to East Bayfront in 2020, and report back to City Council when a Class 3 cost estimate and Level 3 schedule have been developed. 

 

16. City Council request the Deputy City Manager, Infrastructure and Development Services, in consultation with the Chief Executive Officer, Toronto Transit Commission, and Waterfront Toronto, to consider in conjunction with the preliminary design and engineering phase of the Union Station-Queen's Quay link and East Bayfront extension, a phasing option that would implement a through streetcar service on Queen's Quay to East Bayfront, in advance of the Union Station construction and implementation phase.

 
Eglinton East Light Rail Transit

 

17.  City Council request Metrolinx to work with the City to develop a plan to address the following matters:

 

a. the Eglinton East Light Rail Transit extension of Line 5 (Eglinton Crosstown), with terminus at Malvern Town Centre (Option 3);

 
b.  the location and construction timing of the Maintenance and Storage Facility as discussed in Attachment 4 to the report (April 3, 2019) from the City Manager, including a discussion with major institutional stakeholders; and

 
c.  commencing the preliminary design and engineering phase of the Eglinton East Light Rail Transit project; 
 

and City Council request the Deputy City Manager, Infrastructure and Development Services to report back to City Council with recommended plan, schedule, cost and funding requirements for consideration in the City's 2020 budget process.

 

Eglinton West Light Rail Transit

 

18.  City Council direct the Deputy City Manager, Infrastructure and Development Services to report back to the Executive Committee on next steps for the Eglinton West Light Rail Transit project once Metrolinx and the Greater Toronto Airports Authority have completed the planning and analysis of the full extension from Mount Dennis Station to Pearson International Airport.
 

19.  City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in partnership with the Ministry of Transportation, to study potential solutions to existing and future traffic congestion on Eglinton Avenue West and other streets in central Etobicoke and report back by the third quarter of 2020.

 

General 

 

20.  City Council direct that, if there are any Provincial transit costs passed on to the City of Toronto as a result of the 17.3 billion dollar gap in the Province's transit expansion plans, these costs should be itemized on any future property tax bills as "The Provincial Transit Plan Tax Levy".

 

21.  City Council request the City Manager and the Chief Financial Officer and Treasurer to report back in the fall of 2019, prior to the launch of the 2020 Budget Process, when project cost estimates have achieved higher levels of refinement and a potential decision relating to the subway upload has been made, on funding and financing options for the Relief Line South, Bloor-Yonge Capacity Improvement and the balance of the Transit Expansion prioritized projects including but not limited to:

 

a.  the preliminary design and engineering phase of:

 

1.  Waterfront Transit Network - Union Station - Queens Quay Link and the extension of the Light Rail Transit to East Bayfront;

 
2.  the Eglinton East Light Rail Transit; and

 

3. opportunities to accelerate the preliminary engineering and design of the Eglinton East Light Rail Transit and the Waterfront Transit Network, including but not limited to those that might exist if there are cost savings derived from the negotiations with the Province related to the subway upload, where the City has previously allocated monies to other projects costs that may now be assumed by the Province as part of a realignment of responsibilities; and

 
b.  the procurement and construction phase of the Waterfront Transit Network - Exhibition Place (Exhibition Loop to Dufferin Gate Loop).
 

22.  City Council forward this Item to the Toronto Transit Commission Board, the Province of Ontario, Metrolinx, the Greater Toronto Airports Authority, York Region, York Region Rapid Transit Corporation, the City of Mississauga, and Infrastructure Canada for information.

 

23.  City Council direct that Confidential Attachment 1 to the report (March 13, 2019) from the Director, Real Estate Services remain confidential in its entirety as it pertains to a proposed or pending acquisition or disposition of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies or corporations.

 

Confidential Attachment 1 to the report (March 13, 2019) from the Director, Real Estate Services remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to a proposed or pending acquisition or disposition of land for municipal or local board purpose and it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations.

Confidential Attachment - A proposed or pending acquisition or disposition of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions

Background Information (Committee)

(April 9, 2019) Revised Presentation from the City Manager on Toronto's Transit Expansion Program - Update and Next Steps
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131831.pdf
(April 3, 2019) Report from the City Manager on Toronto's Transit Expansion Program - Update and Next Steps
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131545.pdf
Attachment 1 - Transit Expansion Program - Status Update
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131525.pdf
Attachment 2 - Line 2 East Extension
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131526.pdf
Attachment 2 - Appendix A - Property Requirements
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131531.pdf
Attachment 2 - Appendix B.1 - Property Sketches
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131532.pdf
Attachment 2 - Appendix B.2 - Property Sketches
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131534.pdf
Attachment 2 - Appendix B.3 - Property Sketches
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131535.pdf
Attachment 2 - Appendix C - Executive Summaries of Peer Reviews
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131533.pdf
Attachment 3 - Waterfront Transit Network - Union Station-Queens Quay Link and East Bayfront Light Rail Transit
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131527.pdf
Attachment 4 - Eglinton East Light Rail Transit
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131528.pdf
Attachment 5 - Eglinton West Light Rail Transit
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131529.pdf
(April 2, 2019) Report from the City Manager on Toronto's Transit Expansion Program - Update and Next Steps - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131209.pdf

Background Information (City Council)

(April 12, 2019) Letter from the Head of Commission Services, Toronto Transit Commission on Toronto's Transit Expansion Program - Update and Next Steps (EX4.1b)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-132033.pdf
(April 10, 2019) Transmittal from the Board of Governors, Exhibition Place on Proposed Improvements to Toronto Transit Commission, Light Rail Transit at Exhibition Place (EX4.1c)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-132057.pdf
(April 16, 2019) Supplementary report from the City Manager on Toronto Transit Expansion Program - Update and Next Steps (EX4.1d)
https://www.toronto.ca/legdocs/mmis/2019/cc/bgrd/backgroundfile-132117.pdf

Communications (Committee)

(April 2, 2019) E-mail from Ketheesakumaran Navaratnam (EX.Supp.EX4.1.1)
(April 2, 2019) Submission from Martin Green, Eglinton West Light Rail Transit Community Working Group (EX.Supp.EX4.1.2)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93216.pdf
(April 2, 2019) Submission from Martin Green, Eglinton West Light Rail Transit Community Working Group (EX.Supp.EX4.1.3)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93230.pdf
(April 2, 2019) Submission from Martin Green, Eglinton West Light Rail Transit Community Working Group (EX.Supp.EX4.1.4)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93231.pdf
(April 3, 2019) E-mail from Jacques O'Sullivan (EX.Supp.EX4.1.5)
(March 1, 2019) Letter from Briar de Lange, Bloor-Yorkville Business Improvement Area; Mark Garner, Downtown Yonge Business Improvement Area; Grant Humes, Financial District Business Improvement Area; Tim Kocur, The Waterfront Business Improvement Area; Al Smith, St. Lawrence Market Business Improvement Area; and Janice Solomon, Entertainment District Business Improvement Area (EX.Supp.EX4.1.6)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93405.pdf
(April 3, 2019) Letter from Wisdom J. Tettey, University of Toronto Scarborough Campus (EX.Supp.EX4.1.7)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93388.pdf
(April 7, 2019) E-mail from Moya Beall (EX.Supp.EX4.1.8)
(April 7, 2019) Letter from Amy Emm, West Rouge Community Association (EX.Supp.EX4.1.9)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93410.pdf
(April 8, 2019) E-mail from Sharon Yetman (EX.Supp.EX4.1.10)
(April 4, 2019) Letter from Wisdom Tettey, University of Toronto Scarborough, Elizabeth Buller, Scarborough Health Network and Ann Buller, Centennial College (EX.Supp.EX4.1.11)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93412.pdf
(April 7, 2019) E-mail from Dave Barnett (EX.Supp.EX4.1.12)
(April 8, 2019) Letter from Tim Kocur, The Waterfront Business Improvement Area (EX.Supp.EX4.1.13)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93396.pdf
(April 9, 2019) Letter from Councillor Jennifer McKelvie (EX.Supp.EX4.1.14)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93398.pdf
(April 8, 2019) Letter from Eric Plesman, NAIOP Greater Toronto (EX.Supp.EX4.1.15)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93399.pdf
(April 8, 2019) Letter from Ashwani Bhardwaj, Lakshmi Narayan Mandir (EX.Supp.EX4.1.16)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93401.pdf
(April 8, 2019) Letter from Kinga Surma, MPP Etobicoke Centre (EX.Supp.EX4.1.17)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93427.pdf
(April 8, 2019) E-mail from Zartasha Zainab (EX.Supp.EX4.1.18)
(April 8, 2019) E-mail from Hamish Wilson (EX.Supp.EX4.1.19)
(April 6, 2019) Letter from Kathy Rowe, Centennial Community Recreation Association (EX.Supp.EX4.1.20)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93422.pdf
(April 8, 2019) Letter from Avi Tesciuba, Hines; Mitchell Cohen, The Daniels Corporation; Daniel Marinovic, Dream; Alfredo Romano, Castlepoint Numa Inc.; Sam Crignano, Cityzen Development Group; Anson Kwok, Pinnacle International; Niall Collins, Great Gulf; Jane Gol, Continential Ventures; Dino Carmel, Tridel Builders Inc.; and Peter Menkes, Menkes Developments Ltd. (EX.Supp.EX4.1.21)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93446.pdf
(April 9, 2019) Letter from Anna Kim, Scarborough Civic Action Network (EX.New.EX4.1.22)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93448.pdf
(April 9, 2019) E-mail from Rosemary Boissonneau (EX.New.EX4.1.23)
(April 9, 2019) E-mail from Jay Scott (EX.New.EX4.1.24)
(April 9, 2019) Submission from Tim Kocur (EX.New.EX4.1.25)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93457.pdf

Communications (City Council)

(April 9, 2019) E-mail from Sharon Yetman (CC.Supp.EX4.1.26)
(April 9, 2019) E-mail from Lyn Adamson (CC.Supp.EX4.1.27)
(April 16, 2019) E-mail from Hamish Wilson (CC.New.EX4.1.28)
(April 16, 2019) E-mail from Sharon Yetman (CC.New.EX4.1.29)
(April 16, 2019) E-mail from Sharon Yetman (CC.New.EX4.1.30)
(April 16, 2019) Petition from Councillor Jennifer McKelvie, Ward 25, Scarborough-Rouge Park, regarding "Let's Get Scarborough Moving. Build the Eglinton East LRT Now!", containing the names of approximately 250 persons, filed during the Routine Matters portion of the meeting (CC.New)

Motions (City Council)

1a - Motion to Amend Item (Additional) moved by Mayor John Tory (Amended)

That City Council adopt the following recommendations in the supplementary report (April 16, 2019) from the City Manager subject to the amendments below [EX4.1d]:

 

1.  City Council authorize the City Manager, in consultation with the Chief Executive Officer, Toronto Transit Commission, to engage the Province of Ontario in order to:

 
a. undertake an assessment of the Province's proposed changes to Toronto’s transit expansion program described in the 2019 Ontario Budget, and its alignment with the City of Toronto's and Toronto Transit Commission's strategic objectives and priorities, including an assessment of cost, schedule, operational and network impacts, and commercial and technical merits of the proposed changes;

 
b. negotiate principles with respect to cost-sharing, roles and responsibilities, governance, and funding for transit network expansion including but not limited to capital, operating, maintenance and lifecycle maintenance of the new expansion lines, funding requirements for the state of good repair of the existing network, and reimbursement for any sunk costs associated with a change in transit expansion plans; and

 
c. report back to City Council with an update as soon as practical on the proposed upload of subway extensions and new lines under Ontario's new transit proposal outlined in the 2019 Ontario Budget. 

 
2.  City Council direct the City Manager to advise the Province of Ontario and Government of Canada that the City of Toronto will endorse consider endorsing the following Provincial priorities under the City of Toronto's allocation of $4.897 billion in federal funding under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, subject to the completion of the assessment, identified in  recommendation 1, and the City Manager providing a report back to City Council for its consideration:

 
a. $0.660 billion for the Province's proposed three-stop Line 2 East Extension project instead of the one-stop Line 2 East Extension project; and

 
b. $3.151 billion for the Province's proposed 'Ontario Line' as described in the 2019 Ontario Budget, instead of the Relief Line South.

 
3.  City Council amend Executive Committee Recommendation 6 by deleting the words "Subject to the adoption of Recommendation 4 above".

 

Amended by motion 5 by Councillor Cressy.

Vote (Amend Item (Additional)) Apr-17-2019 10:45 AM

Result: Carried Majority Required - EX4.1 - Tory - motion 1a, as amended
Total members that voted Yes: 23 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 3 Members that voted No are Michael Ford, Jim Karygiannis, Josh Matlow
Total members that were Absent: 0 Members that were absent are

1b - Motion to Amend Item moved by Mayor John Tory (Carried)

That:

 

1.  City Council amend Executive Committee Recommendation 16.a. by adding a new Part 3 as follows:

 

3. opportunities to accelerate the preliminary engineering and design of the Eglinton East Light Rail Transit and the Waterfront Transit Network, including but not limited to those that might exist if there are cost savings derived from the negotiations with the Province related to the subway upload, where the City has previously allocated monies to other projects costs that may now be assumed by the Province as part of a realignment of responsibilities.

 

2.  City Council direct the City Manager, in his continuing discussions with the Province on the realignment of transit responsibilities, to emphasize the following issues:

 

a. the Toronto Transit Commission’s state of good repair backlog for the current subway system, for which Provincial and Federal government partnership is required urgently in order to address the needs of the system, including the purchase of new subway trains, buses, streetcars, as well as station improvements to address critical safety and accessibility issues;
 

b. station locations and the associated development that will occur at those sites, with regard to established City Planning guidelines such as density, and Council policy, such as inclusion of affordable housing, at those locations;
 

c. the necessity of consultation with local communities, outlined in the Terms of Reference, on the proposed plans announce by the Province; and
 

d. to ensure that discussions regarding potential City contributions to expansion include strict consideration of:

 

1. critical components of the City’s network transit plan, such as the Eglinton East Light Rail Transit and the Waterfront Transit Network, that are not identified in the Province’s proposed expansion plans and the need for City contributions to the expansion of the Eglinton East Light Rail Transit and the Waterfront Transit Network, should Provincial funding not be forthcoming;


2.  sunk costs associated with planning and design work for transit projects currently underway and to ensure that discussions regarding potential City contributions to expansion include strict consideration of these costs, either to ensure the City is compensated for such costs, or to ensure that planning and design work already completed is utilized for expansion projects proposed by the Province; and


3. the Province’s decision to clawback $1.1B over ten years of the City’s anticipated allocation of increased gas tax revenue, such revenue that would have been used for urgent state of good repair work.  

Vote (Amend Item) Apr-17-2019 10:44 AM

Result: Carried Majority Required - EX4.1 - Tory - motion 1b
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Jim Karygiannis
Total members that were Absent: 0 Members that were absent are

2 - Motion to Amend Item moved by Councillor Josh Matlow (Lost)

That:

 

1.  City Council delete Executive Committee Recommendation 1.a.

 

Recommendation to be deleted

 

a.  $0.660 billion as previously approved by City Council in October 2013 (2013.CC39.5) for the Line 2 East Extension project as described in Attachment 2 to the report (April 3, 2019) from the City Manager;

 

and adopt instead the following new recommendation 1.a.:

 

a.  $0.660 billion for the previously approved Scarborough Rapid Transit conversion to Light Rail Transit from Kennedy to Sheppard Avenue (2012, Item CC17.1), with an extension to Malvern Town Centre;

 

2.  City Council delete Executive Committee Recommendation 4

 

Recommendation to be deleted

 

4.  City Council approve $3.887 billion, which includes $3.796 billion for the base project scope, $0.071 billion for scope enhancements and $0.020 billion for a management reserve, for the one-stop Line 2 East Extension project as described in Attachment 2, and request the Chief Executive Officer, Toronto Transit Commission to proceed with procurement and construction of the project, subject to:

 
a.  the Province of Ontario providing written support for the Line 2 East Extension Project as outlined in Attachment 2 to the report (April 3, 2019) from the City Manager and confirmation of the Province of Ontario's previous funding commitment by May 15, 2019; and

 
b.  the Mayor and the City Manager entering into contribution agreements for the receipt of federal and provincial funding by November 30, 2019, on terms and conditions satisfactory to them in consultation with the City Solicitor.

 

and adopt instead the following new recommendation 4:

 

4.  City Council approve $3.887 billion for the Scarborough Light Rail Transit, described in the new recommendation 1.a. above, and the Eglinton East Light Rail Transit to the University of Toronto Scarborough Campus.

 

3.  City Council amend Executive Committee Recommendation 13.a. by deleting the words "Malvern Town Centre (Option 3)" and inserting the words "the University of Toronto Scarborough Campus" so that it now  reads as follows:

 

a. the Eglinton East Light Rail Transit extension of Line 5 (Eglinton Crosstown), with terminus at the University of Toronto Scarborough Campus; 

Vote (Amend Item) Apr-17-2019 10:42 AM

Result: Lost Majority Required - EX4.1 - Matlow - motion 2
Total members that voted Yes: 8 Members that voted Yes are Paul Ainslie, Shelley Carroll, Joe Cressy, John Filion, Mike Layton, Josh Matlow, Gord Perks, Kristyn Wong-Tam
Total members that voted No: 18 Members that voted No are Ana Bail„o, Brad Bradford, Mike Colle, Gary Crawford, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that were Absent: 0 Members that were absent are

3a - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Carried)

That City Council direct the City Manager and appropriate staff, in consultation with the Province of Ontario and the Chief Executive Officer, Toronto Transit Commission, to develop phasing options to ensure the priority segments of the Relief Line are delivered by the earliest possible in-service date.

Vote (Amend Item (Additional)) Apr-17-2019 10:47 AM

Result: Carried Majority Required - EX4.1 - Robinson - motion 3a
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Denzil Minnan-Wong
Total members that were Absent: 0 Members that were absent are

3b - Motion to Amend Item (Additional) moved by Councillor Jaye Robinson (Carried)

That City Council request the Province of Ontario to reinstate the promised Provincial Gas Tax increase to fund the Toronto Transit Commission conventional State of Good Repair capital program and other urgent capital priorities or to provide the equivalent year-by-year contribution to the City of Toronto through an alternate funding source, totalling $1.1 billion over 10 years.

Vote (Amend Item (Additional)) Apr-17-2019 10:48 AM

Result: Carried Majority Required - EX4.1 - Robinson - motion 3b
Total members that voted Yes: 26 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

4 - Motion to Amend Item (Additional) moved by Councillor Mike Colle (Carried)

That City Council direct that, if there are any Provincial transit costs passed on to the City of Toronto as a result of the 17.3 billion dollar gap in the Province's transit expansion plans, these costs should be itemized on any future property tax bills as "The Provincial Transit Plan Tax Levy".

Vote (Amend Item (Additional)) Apr-17-2019 10:49 AM

Result: Carried Majority Required - EX4.1 - Colle - motion 4
Total members that voted Yes: 18 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Joe Cressy, John Filion, Paula Fletcher, Cynthia Lai, Mike Layton, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), Gord Perks, Anthony Perruzza, Jaye Robinson, John Tory, Kristyn Wong-Tam
Total members that voted No: 8 Members that voted No are Gary Crawford, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Denzil Minnan-Wong, James Pasternak, Michael Thompson
Total members that were Absent: 0 Members that were absent are

5 - Motion to Amend Motion moved by Councillor Joe Cressy (Carried)

That City Council amend Recommendation 2 in motion 1a by Mayor Tory so that it now reads as follows:

 

2.  City Council direct the City Manager to advise the Province of Ontario and Government of Canada that the City of Toronto will consider endorsing the following Provincial priorities under the City of Toronto's allocation of $4.897 billion in federal funding under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, subject to recommendation 1 and the confirmation that the provincial transit plans will not result in an unreasonable delay to the implementation of Toronto's approved Transit Plan: the Downtown Relief Line; Line 2 One Stop Extension; 6 Smart Track stations; as well as the Eglinton and Waterfront Light Rapid Transit and the City Manager providing a report back provide a status update to City Council for its consideration at its June 18 and 19, 2019 meeting on:

 
a. $0.660 billion for the Province's proposed three-stop Line 2 East Extension project instead of the one-stop Line 2 East Extension project; and

 
b. $3.151 billion for the Province's proposed 'Ontario Line' as described in the 2019 Ontario Budget, instead of the Relief Line South.

Vote (Amend Motion) Apr-17-2019 10:44 AM

Result: Carried Majority Required - EX4.1 - Cressy - motion 5
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Mark Grimes, Jim Karygiannis, Mike Layton, Josh Matlow, Jennifer McKelvie, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 4 Members that voted No are Michael Ford, Stephen Holyday, Cynthia Lai, Denzil Minnan-Wong
Total members that were Absent: 0 Members that were absent are

Motion to Adopt Item as Amended (Carried)

Adoption of Executive Committee Recommendation 1a only:

 

a.  $0.660 billion as previously approved by City Council in October 2013 (2013.CC39.5) for the Line 2 East Extension project as described in Attachment 2 to the report (April 3, 2019) from the City Manager;

Vote (Adopt Item as Amended) Apr-17-2019 10:53 AM

Result: Carried Majority Required - EX4.1 - Adopt Executive Committee Recommendation 1a only
Total members that voted Yes: 22 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory
Total members that voted No: 4 Members that voted No are John Filion, Josh Matlow, Gord Perks, Kristyn Wong-Tam
Total members that were Absent: 0 Members that were absent are

Motion to Adopt Item as Amended (Carried)

Adoption of the balance of the Item, as amended.

Vote (Adopt Item as Amended) Apr-17-2019 10:54 AM

Result: Carried Majority Required - EX4.1 - Adopt the balance of the item as amended
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Brad Bradford, Shelley Carroll, Mike Colle, Gary Crawford, Joe Cressy, John Filion, Paula Fletcher, Michael Ford, Mark Grimes, Stephen Holyday, Jim Karygiannis, Cynthia Lai, Mike Layton, Jennifer McKelvie, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Michael Thompson, John Tory, Kristyn Wong-Tam
Total members that voted No: 1 Members that voted No are Josh Matlow
Total members that were Absent: 0 Members that were absent are

Point of Order by Mayor John Tory

Mayor Tory, rising on a Point of Order, stated that, as the City Manager's report was imminent and expected to be received over the lunch hour, the Mayor's second Key Matter would be stood down until 4:00 p.m.


Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that it is unreasonable for Council to be expected to receive and review the forthcoming report from the City Manager on Item EX4.1 on the day that the Item is to be debated, and that he is seeking a way to have the Item considered the following morning.

Ruling by Speaker Frances Nunziata
Speaker Nunziata, accepted the Point of Privilege and ruled that Item EX4.1 is a Mayor's Key Matter, the Mayor would like to deal with it at 4:00 p.m. and therefore that's when Council would deal with it; and there is no debate on the timing.


Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that he wished to get an answer to his question of the City Manager.

Ruling by Speaker Frances Nunziata
The Speaker, accepted the Point of Privilege and ruled that the City Manager had already answered the question from a number of Members.


Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that, while he shares the frustration about the lack of progress, Mayor Tory's comments that suggested Councillor Matlow or any other Member of Council was responsible for delaying the relief line impugned their reputations, was an unfair characterization and an inaccurate representation, and that he would like the Mayor to withdraw his comments.

Ruling by Deputy Speaker Shelley Carroll
Deputy Speaker Carroll, accepted the Point of Privilege and ruled that Mayor Tory had already withdrawn his comments.


Point of Privilege by Councillor Jim Karygiannis

Councillor Karygiannis, rising on a Point of Privilege, stated that the Speaker should apologize for her remarks during his questions.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Privilege and apologized for her comments.


Point of Privilege by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Privilege, stated that his motion 2 has been mischaracterized by two Members as taking transit away from Malvern, which impacts on his reputation.

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Matlow did not have a Point of Privilege.


Point of Order by Mayor John Tory

Mayor Tory, rising on a Point of Order, stated that if Council was to consider Councillor Matlow's concerns about his motion it should look into Councillor Matlow's suggestion on Twitter the previous day that advice offered by Toronto Transit Commission and City staff was dishonest.


Point of Order by Councillor Josh Matlow

Councillor Matlow, rising on a Point of Order, stated that because votes matter, he wishes to have parts of the motions voted on separately.

Ruling by Speaker Frances Nunziata
Speaker Nunziata accepted the Point of Order and ruled that the Councillor had indicated this before but that the Councillor needed to identify which parts he wished to vote on separately.

Rulings (City Council)

Ruling by Speaker Frances Nunziata
Speaker Nunziata ruled that Councillor Matlow's questions of staff were out of order and that by insisting on an answer Councillor Matlow was using his time not to ask questions but to bully the City Manager.

1a - Proposed Settlement of Various Claims at 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue - Line 2 East Extension

Confidential Attachment - A proposed or pending acquisition or disposition of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions

Background Information (Committee)

(March 13, 2019) Report and Appendices A to D from the Director, Real Estate Services on Proposed Settlement of Various Claims at 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue - Line 2 East Extension
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131210.pdf
Confidential Attachment 1

EX4.1 - Toronto's Transit Expansion Program - Update and Next Steps

Decision Type:
ACTION
Status:
Amended
Wards:
All

Confidential Attachment - A proposed or pending acquisition or disposition of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions

Committee Recommendations

The Executive Committee recommends that:

 

Public Transit Infrastructure Fund Phase 2 Federal Funding Allocation

 

1.  City Council direct the City Manager to advise the Government of Canada and the Province of Ontario of the City of Toronto's priority transit expansion projects for its allocation of $4.897 billion in federal funding under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 program as follows:
 

a.  $0.660 billion as previously approved by City Council in October 2013 (2013.CC39.5) for the Line 2 East Extension project as described in Attachment 2 to the report (April 3, 2019) from the City Manager;

 
b.  $0.585 billion as previously approved by City Council in April 2018 (2018.EX33.1) for the SmartTrack Stations Program;

 
c.  $3.151 billion for the Relief Line South as described in the October 2018 Environmental Project Report as approved by the Minister of Environment, Conservation and Parks; and

 
d.  $0.500 billion for the Bloor-Yonge Capacity Improvement project as described in Attachment 1 to the report (April 3, 2019) from the City Manager.

 

2.  City Council direct the City Manager to advise the Government of Canada that cost-matching requirements of the Province of Ontario and the City of Toronto under the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2 program will be determined through ongoing discussions as part of the Toronto-Ontario Transit Responsibilities Realignment Review.
 

3.  City Council authorize the Mayor and the City Manager to negotiate and enter into agreements and amendments as may be required with the Province of Ontario and the Government of Canada for the Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, in accordance with these recommendations and upon such terms satisfactory to them in consultation with the City Solicitor.

 

Line 2 East Extension Project

 

4.  City Council approve $3.887 billion, which includes $3.796 billion for the base project scope, $0.071 billion for scope enhancements and $0.020 billion for a management reserve, for the one-stop Line 2 East Extension project as described in Attachment 2, and request the Chief Executive Officer, Toronto Transit Commission to proceed with procurement and construction of the project, subject to:

 
a.  the Province of Ontario providing written support for the Line 2 East Extension Project as outlined in Attachment 2 to the report (April 3, 2019) from the City Manager and confirmation of the Province of Ontario's previous funding commitment by May 15, 2019; and

 
b.  the Mayor and the City Manager entering into contribution agreements for the receipt of federal and provincial funding by November 30, 2019, on terms and conditions satisfactory to them in consultation with the City Solicitor.

 

5.  Subject to the fulfillment of the conditions set out in Recommendation 4 above, City Council:


a.  amend the Council Approved 2019-2028 Capital Budget and Plan for the Line 2 East Extension project to commit total project costs of $3.705 billion with cash flows of: $0.117 billion in 2019, $0.241 billion in 2020, $0.280 billion in 2021, $0.588 billion in 2022, $0.578 billion in 2023, $0.694 billion in 2024, $0.610 billion in 2025, $0.200 billion in 2026, $0.174 billion in 2027 and $0.223 billion in 2028; and

 
b.  approve the project to be funded from $0.660 billion Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, $1.990 billion in provincial funding, $0.258 billion in recoverable debt from XR2125 Development Charge Reserve Fund SSE Transit and $0.797 billion in recoverable debt from XR1725 Scarborough Transit Reserve Fund.

 

6. Subject to the adoption of Recommendation 4 above, City Council authorize:

 

a. the Director, Real Estate Services to enter into and execute Minutes of Settlement (the "Agreement') with the owners of 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue and Toronto Transit Commission, substantially in accordance with the terms and conditions outlined in Confidential Attachment 1, and on such other or amended terms and conditions as may be acceptable to the Director and in a form satisfactory to the City Solicitor;

 

b.  the Director, Real Estate Services to execute the Agreement and any ancillary agreements and documents under the Agreement, on behalf of the City;

 

c.  the Director, Real Estate Services to administer and manage the Agreement, including the provision of any consents, approvals, amendments, waivers and notices, provided that he may, at any time, refer consideration of any such matters (including their content) to City Council for its consideration and direction; and

 

d.   the City Solicitor to complete the Agreement on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending terms and conditions, on such terms as she considers reasonable.

 

7. City Council authorize the Director, Real Estate Services to:

 
a.  continue negotiations to acquire the Project Requirements, and if unsuccessful, City Council authorize the initiation of expropriation proceedings for the Property Requirements as set out in Appendix A to Attachment 2 to the report (April 3, 2019) from the City Manager and as illustrated on the Property Sketches attached as Appendix B to Attachment 2 (collectively the "Project Requirements") to the report (April 3, 2019) from the City Manager for the purposes of the construction, operation and maintenance of the Line 2 East Extension and all works and ancillary uses; and

 
b.  execute, serve and publish Notices of Application for Approval to Expropriate Land for the Project Requirements, to forward to the Chief Inquiry Officer any requests for inquiries received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.

 

8.  City Council amend Section 591-2.1 of Municipal Code Chapter 591, Noise, to add the Line 2 East Extension to the list of Major Transit Projects provided that the exemption for government work contained in Item EC3.6 is not adopted by City Council.

 
9.  City Council request the following should Part a or b of Recommendation 4 above not be met:

 

a.  request the Province of Ontario to provide written confirmation of the station locations and the terminus of the proposed three-stop subway extension referenced in the March 22 and 26, 2019 letters from the Special Advisor to Cabinet - Transit Upload and the Deputy Minister, Ministry of Transportation to the City Manager and Chief Executive Officer, Toronto Transit Commission, included as Attachment 1 and 2 to the supplementary report (March 26, 2019) from the City Manager on Engagement with the Province on Toronto's Transit System - First Quarter 2019 Status Report (EX3.1a); and

 
b.  direct the City Manager in consultation with the Chief Executive Officer, Toronto Transit Commission and the Chief Transit Expansion Officer, Toronto Transit Commission to report to City Council on an assessment of the cost, schedule, and operational impacts to the Toronto Transit Commission network (e.g. Line 3 Scarborough and bus operations) associated with changing the scope and/or delivery model of the Line 2 East Extension project, and principles to guide future discussions with the Province of Ontario.

 

Waterfront Transit - Queens Quay Link and East Bayfront Light Rail Transit

 

10.  City Council approve the Streetcar Option as the preferred technology for the Union Station-Queens Quay Link as described in Attachment 3 to the report (April 3, 2019) from the City Manager, thereby concluding the initiation and development phase of the project.

 
11.  City Council request the Deputy City Manager, Infrastructure and Development Services, in partnership with the Chief Executive Officer, Toronto Transit Commission and Waterfront Toronto, to commence the preliminary design and engineering phase of the Union Station-Queens Quay Link and the extension of the Light Rail Transit to East Bayfront in 2020, and report back to City Council when a Class 3 cost estimate and Level 3 schedule have been developed. 

 

12. City Council request the Deputy City Manager, Infrastructure and Development Services, in consultation with the Chief Executive Officer, Toronto Transit Commission, and Waterfront Toronto, to consider in conjunction with the preliminary design and engineering phase of the Union Station-Queen's Quay link and East Bayfront extension, a phasing option that would implement a through streetcar service on Queen's Quay to East Bayfront, in advance of the Union Station construction and implementation phase.

 
Eglinton East Light Rail Transit

 

13.  City Council request Metrolinx to work with the City to develop a plan to address the following matters:

 

a. the Eglinton East Light Rail Transit extension of Line 5 (Eglinton Crosstown), with terminus at Malvern Town Centre (Option 3);

 
b.  the location and construction timing of the Maintenance and Storage Facility as discussed in Attachment 4, including a discussion with major institutional stakeholders;

 
c.  commencing the preliminary design and engineering phase of the Eglinton East Light Rail Transit project; and
 

d.  request the Deputy City Manager, Infrastructure and Development Services to report back to City Council with recommended plan, schedule, cost and funding requirements for consideration in the City's 2020 budget process.

 

Eglinton West Light Rail Transit

 

14.  City Council direct the Deputy City Manager, Infrastructure and Development Services to report back to Executive Committee on next steps for the Eglinton West Light Rail Transit project once Metrolinx and the Greater Toronto Airports Authority have completed the planning and analysis of the full extension from Mount Dennis Station to Pearson International Airport.
 

15.  City Council request the Chief Planner and Executive Director, City Planning and the General Manager, Transportation Services, in partnership with the Ministry of Transportation, to study potential solutions to existing and future traffic congestion on Eglinton Avenue West and other streets in central Etobicoke and report back by the third quarter of 2020.
 

General

 

16.  City Council request the City Manager and the Chief Financial Officer and Treasurer to report back in the fall of 2019 prior to the launch of the 2020 Budget Process, when project cost estimates have achieved higher levels of refinement and a potential decision relating to the subway upload has been made, on funding and financing options for the Relief Line South, Bloor-Yonge Capacity Improvement and the balance of the Transit Expansion prioritized projects including but not limited to:

 

a.  the preliminary design and engineering phase of:

 

1.  Waterfront Transit Network - Union Station - Queens Quay Link and the extension of the Light Rail Transit to East Bayfront; and

 
2.  the Eglinton East Light Rail Transit; and

 
b.  the procurement and construction phase of the Waterfront Transit Network - Exhibition Place (Exhibition Loop to Dufferin Gate Loop).
 

17.  City Council forward this Item to the Toronto Transit Commission Board, the Province of Ontario, Metrolinx, the Greater Toronto Airports Authority, York Region, York Region Rapid Transit Corporation, the City of Mississauga, and Infrastructure Canada for information.

 

18.  City Council direct that Confidential Attachment 1 to the report (March 13, 2019) from the Director, Real Estate Services remain confidential in its entirety as it pertains to a proposed or pending acquisition or disposition of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions.

Decision Advice and Other Information

The City Manager gave a presentation on Toronto's Transit Expansion Program - Update and Next Steps.

 

The Executive Committee requested the City Manager to report directly to City Council at its meeting on April 16 and 17, 2019 regarding new information from the Province on transit upload or transit expansion.

Origin

(April 3, 2019) Report from the City Manager

Summary

In 2016 City Council approved a transit network plan that identified projects required to address capacity constraints on the existing subway network (specifically Line 1), support future growth and city building objectives, and provide rapid transit service to underserved areas of Toronto. Over the last several years, $224 million has been invested to advance City Council's priority projects. As a result, several projects will be ready to go to procurement and construction in 2019/2020, including the SmartTrack Stations Program, the Line 2 East Extension Project, the Exhibition Loop-Dufferin Loop Streetcar Connection (a priority segment of the Waterfront Transit Network Plan), and the Relief Line South. Other key projects still in early planning phases continue to progress as well, such as BloorYonge Capacity Improvement, Eglinton East and West Light Rail Transit extensions, and the Waterfront Transit Network Plan.

 

This is a critical moment to build transit, and to leverage the investment to date in planning, design and engineering work to achieve that objective. This report provides a comprehensive overview of the current status of Toronto's transit expansion program, and seeks City Council direction to advance progress on building the network.

 

In 2018, the Government of Canada and the Province of Ontario announced an agreement on Phase 2 of the Investing in Canada Infrastructure Program, which included $4.897 billion in federal funding and $4.040 billion in provincial funding for public transit infrastructure projects in Toronto. The Public Transit Infrastructure Fund Phase 2 is a ten year program (2018-2028) under the Investing in Canada Infrastructure Program designed specifically for projects that build the transit network. The Public Transit Infrastructure Fund Phase 2 program is focused on delivering the following outcomes:

 

- Improved capacity of public transit infrastructure;


- Improved quality and/or safety of existing or future transit systems; and


- Improved access to a public transit system.
 

Funding under Public Transit Infrastructure Fund Phase 2 has been allocated to Toronto based on ridership. Under the Public Transit Infrastructure Fund Phase 2 program, both the provincial and federal government must approve projects submitted by the City in order to receive funding.

The City is well positioned to leverage this intergovernmental funding opportunity and invest in projects that will address a key City and Toronto Transit Commission priority: ensuring the safety and reliability of the Toronto Transit Commission system. This report provides City Council with recommended priorities for the City of Toronto's federal funding allocation under the Public Transit Infrastructure Fund Phase 2 program.

 

A total of $1.245 billion in federal funding has already been prioritized by City Council:

 

- $0.660 billion to the Line 2 East Extension project (as approved in 2013); and


- $0.585 billion to the SmartTrack Stations Program (as approved in 2018).
 

The Line 2 East Extension Project project is required to replace the Line 3 system that has been in service for over 30 years. The Line 2 East Extension Project project addresses broader city-building objectives, but is also critical for the purpose of replacing an asset at the end of its useful life. The SmartTrack Stations Program leverages the provincial investment in GO Expansion to address both growth and city-building objectives and also helps to provide additional transit choice to downtown.

 

This report recommends that City Council confirm the Relief Line South and Bloor-Yonge Capacity Improvement as priority projects for the remaining $3.651 billion of the City's federal funding allocation under the Public Transit Infrastructure Fund Phase 2 program. Specifically:

 

- $3.151 billion in federal funding for the Relief Line South; and


- $0.500 billion in federal funding for the Bloor-Yonge Capacity Improvement project.
 

Today, Line 1 has an average daily weekday ridership of over 730,000 riders, making it one of the busiest lines in North America. The Relief Line South, Bloor-Yonge Capacity Improvement project and other related capital enhancements included in the Line 1 Capacity Requirements Program, are critical to reducing overcrowding and congestion on the Line 1 subway, and are necessary to ensure the system is able to safely accommodate future network demand as a result of both population growth and expansion.

 

The federal funding contributions requested for the four projects comprise the City of Toronto's total federal funding allocation of $4.897 billion under the Public Transit Infrastructure Fund Phase 2 program.

 

The recommendations for allocating federal funding are based on the urgent need to address Line 1 capacity and safety as a first priority. Advancing projects that are procurement and construction-ready is also an important consideration in order to ensure investments in planning, design and engineering are utilized, and currently resourced project teams can be leveraged to continue momentum in building transit.

 

The City is continuing to hold discussions with the Province on the proposed realignment of transit responsibilities between the parties (i.e., "Upload"). The outcomes of this discussion will inform provincial and municipal cost sharing for subway infrastructure projects identified above for federal funding. It is important to note that recommendations in this report are agnostic of asset ownership and are based on what is required to best serve the transit network and the safety of riders.

 

In order to take advantage of future intergovernmental funding opportunities, the City must continue to advance projects through the early planning and design phases of the project lifecycle in order to have projects that are "shovel ready". The Waterfront Transit Network and Eglinton Light Rail Transit extension projects support the City's long-term city building objectives as outlined in the Toronto Official Plan.

 

This report makes the following recommendations on key city building projects:

 

- Advance preliminary design and engineering of the Streetcar Loop option for the Union Station-Queens Quay Link and East Bayfront Light Rail Transit, an important component of the Waterfront Transit Network; and


- Request Metrolinx to partner with the City to develop a plan to undertake preliminary design and engineering  for two phases of the Eglinton East Light Rail Transit: (i) an easterly extension of Line 5 (Eglinton Crosstown) from Kennedy Station to University of Toronto Scarborough; and (ii) an extension to Malvern Centre.
 

Staff will be reporting in the fall of 2019, prior to the 2020 budget process, on updated funding and financing strategies for projects that are not currently contemplated for funding under the Public Transit Infrastructure Fund Phase 2 program. The outcome of ongoing discussions with the Province will inform that strategy.

 

The Province of Ontario communicated to the City on March 22 and March 26, 2019 in letters from the Deputy Minister of Transportation, and the Special Advisor to Cabinet - Transit Upload, new plans for Toronto's transit network, and identified proposed changes to the Relief Line South and Line 2 East Extension - two projects ready to advance to procurement and construction in 2019/2020 based on current plans. This report identifies additional information required from the Province, as well as due diligence that will need to be undertaken to assess the potential cost, schedule and other impacts associated with the new transit proposals. The Province and/or Metrolinx have shared limited information to date.

 

The City remains committed to building the transit network and entering into a constructive dialogue with the Province. To assist in ongoing discussions with the Province, it is important to establish Toronto's key interests and objectives - a safe and reliable transit service for Toronto transit riders. This report lays out clear priorities for City Council's consideration with respect to the expansion of Toronto's transit network. Given the Province's role in identifying projects for submission to the federal government under the Public Transit Infrastructure Fund Phase 2 program, further discussion with the Province will be required.

 

This report was prepared in consultation with the Chief Executive Officer, Toronto Transit Commission.

Background Information

(April 9, 2019) Revised Presentation from the City Manager on Toronto's Transit Expansion Program - Update and Next Steps
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131831.pdf
(April 3, 2019) Report from the City Manager on Toronto's Transit Expansion Program - Update and Next Steps
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131545.pdf
Attachment 1 - Transit Expansion Program - Status Update
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131525.pdf
Attachment 2 - Line 2 East Extension
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131526.pdf
Attachment 2 - Appendix A - Property Requirements
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131531.pdf
Attachment 2 - Appendix B.1 - Property Sketches
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131532.pdf
Attachment 2 - Appendix B.2 - Property Sketches
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131534.pdf
Attachment 2 - Appendix B.3 - Property Sketches
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131535.pdf
Attachment 2 - Appendix C - Executive Summaries of Peer Reviews
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131533.pdf
Attachment 3 - Waterfront Transit Network - Union Station-Queens Quay Link and East Bayfront Light Rail Transit
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131527.pdf
Attachment 4 - Eglinton East Light Rail Transit
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131528.pdf
Attachment 5 - Eglinton West Light Rail Transit
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131529.pdf
(April 2, 2019) Report from the City Manager on Toronto's Transit Expansion Program - Update and Next Steps - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131209.pdf

Communications

(April 2, 2019) E-mail from Ketheesakumaran Navaratnam (EX.Supp.EX4.1.1)
(April 2, 2019) Submission from Martin Green, Eglinton West Light Rail Transit Community Working Group (EX.Supp.EX4.1.2)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93216.pdf
(April 2, 2019) Submission from Martin Green, Eglinton West Light Rail Transit Community Working Group (EX.Supp.EX4.1.3)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93230.pdf
(April 2, 2019) Submission from Martin Green, Eglinton West Light Rail Transit Community Working Group (EX.Supp.EX4.1.4)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93231.pdf
(April 3, 2019) E-mail from Jacques O'Sullivan (EX.Supp.EX4.1.5)
(March 1, 2019) Letter from Briar de Lange, Bloor-Yorkville Business Improvement Area; Mark Garner, Downtown Yonge Business Improvement Area; Grant Humes, Financial District Business Improvement Area; Tim Kocur, The Waterfront Business Improvement Area; Al Smith, St. Lawrence Market Business Improvement Area; and Janice Solomon, Entertainment District Business Improvement Area (EX.Supp.EX4.1.6)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93405.pdf
(April 3, 2019) Letter from Wisdom J. Tettey, University of Toronto Scarborough Campus (EX.Supp.EX4.1.7)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93388.pdf
(April 7, 2019) E-mail from Moya Beall (EX.Supp.EX4.1.8)
(April 7, 2019) Letter from Amy Emm, West Rouge Community Association (EX.Supp.EX4.1.9)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93410.pdf
(April 8, 2019) E-mail from Sharon Yetman (EX.Supp.EX4.1.10)
(April 4, 2019) Letter from Wisdom Tettey, University of Toronto Scarborough, Elizabeth Buller, Scarborough Health Network and Ann Buller, Centennial College (EX.Supp.EX4.1.11)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93412.pdf
(April 7, 2019) E-mail from Dave Barnett (EX.Supp.EX4.1.12)
(April 8, 2019) Letter from Tim Kocur, The Waterfront Business Improvement Area (EX.Supp.EX4.1.13)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93396.pdf
(April 9, 2019) Letter from Councillor Jennifer McKelvie (EX.Supp.EX4.1.14)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93398.pdf
(April 8, 2019) Letter from Eric Plesman, NAIOP Greater Toronto (EX.Supp.EX4.1.15)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93399.pdf
(April 8, 2019) Letter from Ashwani Bhardwaj, Lakshmi Narayan Mandir (EX.Supp.EX4.1.16)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93401.pdf
(April 8, 2019) Letter from Kinga Surma, MPP Etobicoke Centre (EX.Supp.EX4.1.17)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93427.pdf
(April 8, 2019) E-mail from Zartasha Zainab (EX.Supp.EX4.1.18)
(April 8, 2019) E-mail from Hamish Wilson (EX.Supp.EX4.1.19)
(April 6, 2019) Letter from Kathy Rowe, Centennial Community Recreation Association (EX.Supp.EX4.1.20)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93422.pdf
(April 8, 2019) Letter from Avi Tesciuba, Hines; Mitchell Cohen, The Daniels Corporation; Daniel Marinovic, Dream; Alfredo Romano, Castlepoint Numa Inc.; Sam Crignano, Cityzen Development Group; Anson Kwok, Pinnacle International; Niall Collins, Great Gulf; Jane Gol, Continential Ventures; Dino Carmel, Tridel Builders Inc.; and Peter Menkes, Menkes Developments Ltd. (EX.Supp.EX4.1.21)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93446.pdf
(April 9, 2019) Letter from Anna Kim, Scarborough Civic Action Network (EX.New.EX4.1.22)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93448.pdf
(April 9, 2019) E-mail from Rosemary Boissonneau (EX.New.EX4.1.23)
(April 9, 2019) E-mail from Jay Scott (EX.New.EX4.1.24)
(April 9, 2019) Submission from Tim Kocur (EX.New.EX4.1.25)
https://www.toronto.ca/legdocs/mmis/2019/ex/comm/communicationfile-93457.pdf

Speakers

Tim Kocur, The Waterfront Business Improvement Area
Kevin Currie, Waterfront Business Improvement Area
Raymond Shen
Martin Green, Eglinton West Light Rail Transit Community Working Group
Sreesa Virinchi
Andre Sorensen
Michael Manu, Toronto Youth Cabinet
Jamaal Myers
Hamish Wilson
Corrie Branch
Sitharsana Srithas, Scarborough Community Renewal Organization
David Madder
Nicole Brayiannis, University of Toronto Scarborough Campus Students' Union
Hana Syed, University of Toronto Scarborough Campus Students' Union
Kandeel Imran
Hanna Kassim
Annie Sahagian
Lucas Granger, University of Toronto Students' Union
Councillor Joe Cressy
Councillor Stephen Holyday
Councillor Shelley Carroll
Councillor Gord Perks
Councillor Jennifer McKelvie
Councillor Kristyn Wong-Tam
Councillor Paula Fletcher
Councillor Mike Layton

Motions

1a - Motion to Amend Item (Additional) moved by Councillor Michael Thompson (Carried)

That:

 

1.  City Council adopt the following, subject to the adoption of Recommendation 4 in the report (April 3, 2019) from the City Manager:

 

a. City Council authorize the Director, Real Estate Services to enter into and execute Minutes of Settlement (the "Agreement') with the owners of 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue and Toronto Transit Commission, substantially in accordance with the terms and conditions outlined in Confidential Attachment 1, and on such other or amended terms and conditions as may be acceptable to the Director and in a form satisfactory to the City Solicitor;

 

b. City Council authorize the Director, Real Estate Services to execute the Agreement and any ancillary agreements and documents under the Agreement, on behalf of the City;

 

c.  City Council authorize Director, Real Estate Services to administer and manage the Agreement, including the provision of any consents, approvals, amendments, waivers and notices, provided that he may, at any time, refer consideration of any such matters (including their content) to City Council for its consideration and direction; and

 

d.  City Council authorize the City Solicitor to complete the Agreement on behalf of the City, including paying any necessary expenses, amending the closing and other dates, and amending terms and conditions, on such terms as she considers reasonable.

 

2.  City Council direct that Confidential Attachment 1 to the report (March 13, 2019) from the Director, Real Estate Services remain confidential in its entirety as it pertains to a proposed or pending acquisition or disposition of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions.

Vote (Amend Item (Additional)) Apr-09-2019

Result: Carried Majority Required
Total members that voted Yes: 8 Members that voted Yes are Paul Ainslie, Ana Bail„o, Gary Crawford, Denzil Minnan-Wong, Frances Nunziata, James Pasternak, Michael Thompson, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

1b - Motion to Amend Item moved by Councillor Michael Thompson (Carried)

That Recommendation 10 be amended as follows:

 

10.  City Council request Metrolinx to work with the City to develop a plan to address the following matters:

 

a.  the phasing for the the Eglinton East Light Rail Transit extension of Line 5 (Eglinton Crosstown), including a first phase to University of Toronto Scarborough as described in Attachment 4 and a second phase to Malvern Centre with terminus at Malvern Town Centre (Option 3);

 
b.  the location and construction timing of the Maintenance and Storage Facility as discussed in Attachment 4, including a discussion with major institutional stakeholders;

 
c.  commencing the preliminary design and engineering phase of the Eglinton East Light Rail Transit project; and
 

d.  request the Deputy City Manager, Infrastructure and Development Services to report back to City Council with recommended plan, schedule, cost and funding requirements for consideration in the City's 2020 budget process.

Vote (Amend Item) Apr-09-2019

Result: Carried Majority Required
Total members that voted Yes: 7 Members that voted Yes are Ana Bail„o, Gary Crawford, Denzil Minnan-Wong, Frances Nunziata, James Pasternak, Michael Thompson, John Tory (Chair)
Total members that voted No: 1 Members that voted No are Paul Ainslie
Total members that were Absent: 0 Members that were absent are

2 - Motion to Amend Item (Additional) moved by Councillor Ana Bail„o (Carried)

City Council request the Deputy City Manager, Infrastructure and Development Services, in consultation with the Chief Executive Officer, Toronto Transit Commission, and Waterfront Toronto, to consider in conjunction with the preliminary design and engineering phase of the Union Station-Queen's Quay link and East Bayfront extension, a phasing option that would implement a through streetcar service on Queen's Quay to East Bayfront, in advance of the Union Station construction and implementation phase.


3a - Motion to Amend Item moved by Mayor John Tory (Carried)

That:

1.  Part c of recommendation 5 be deleted, so that recommendation 5 now reads as follows:

 

5.  Subject to fulfillment of the conditions set out in Recommendation 4, City Council:


a.  amend the Council Approved 2019-2028 Capital Budget and Plan for the Line 2 East Extension project to commit total project costs of $3.705 billion with cash flows of: $0.117 billion in 2019, $0.241 billion in 2020, $0.280 billion in 2021, $0.588 billion in 2022, $0.578 billion in 2023, $0.694 billion in 2024, $0.610 billion in 2025, $0.200 billion in 2026, $0.174 billion in 2027 and $0.223 billion in 2028; and

 
b.  approve the project to be funded from $0.660 billion Investing in Canada Infrastructure Program Public Transit Infrastructure Fund Phase 2, $1.990 billion in provincial funding, $0.258 billion in recoverable debt from XR2125 Development Charge Reserve Fund SSE Transit and $0.797 billion in recoverable debt from XR1725 Scarborough Transit Reserve Fund.

 
c. authorize the Director, Real Estate Services to:

 
1.  continue negotiations to acquire the Project Requirements, and if unsuccessful, City Council authorize the initiation of expropriation proceedings for the Property Requirements as set out in Appendix "A" to Attachment 2 and as illustrated on the Property Sketches attached as Appendix "B" to Attachment 2 (collectively the "Project Requirements") for the purposes of the construction, operation and maintenance of the Line 2 East Extension and all works and uses ancillary thereto; and

 
2.  execute, serve and publish Notices of Application for Approval to Expropriate Land for the Project Requirements, to forward to the Chief Inquiry Officer any requests for inquiries received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.

 

2. A new recommendation be inserted, as follows:

 

a. City Council authorize the Director, Real Estate Services to:

 

1. continue negotiations to acquire the Project Requirements, and if unsuccessful, City Council authorize the initiation of expropriation proceedings for the Property Requirements as set out in Appendix "A" to Attachment 2 and as illustrated on the Property Sketches attached as Appendix "B" to Attachment 2 (collectively the "Project Requirements") for the purposes of the construction, operation and maintenance of the Line 2 East Extension and all works and uses ancillary thereto; and

 
2. execute, serve and publish Notices of Application for Approval to Expropriate Land for the Project Requirements, to forward to the Chief Inquiry Officer any requests for inquiries received, to attend the hearing to present the City's position and to report the Inquiry Officer's recommendations to City Council for its consideration.


3b - Motion to Amend Item (Additional) moved by Mayor John Tory (Carried)

That Executive Committee request the City Manager to report directly to City Council at its meeting on April 16 and 17, 2019 regarding new information from the Province on transit upload or transit expansion.


4 - Motion to Adopt Item as Amended moved by Mayor John Tory (Carried)

Vote (Adopt Item as Amended) Apr-09-2019

Result: Carried Majority Required
Total members that voted Yes: 8 Members that voted Yes are Paul Ainslie, Ana Bail„o, Gary Crawford, Denzil Minnan-Wong, Frances Nunziata, James Pasternak, Michael Thompson, John Tory (Chair)
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 0 Members that were absent are

1a - Proposed Settlement of Various Claims at 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue - Line 2 East Extension

Confidential Attachment - A proposed or pending acquisition or disposition of land for municipal or local board purpose and litigation or potential litigation that affects the City or one of its agencies, boards and commissions

Origin

(March 13, 2019) Report from the Director, Real Estate Services

Summary

This report seeks authority to enter into and execute Minutes of Settlement pursuant to Section 24 of the Expropriations Act (the "Act"), to settle various claims with respect to the properties municipally known as 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue (collectively the "Property"), as shown on the Location Map in Appendix "D", in advance of constructing the Line 2 East Extension of the Toronto Transit Commission Subway System (the "Project").

 

Approval to enter into the Agreement is contingent on City Council adopting the Recommendations, in relation to the Project, provided in the Line 2 East Extension Attachment within the report (April 3, 2019) from the City Manager on Toronto's Transit Expansion Program - Update and Next Steps  ("Transit Expansion Report") that this report supplements.

Background Information

(March 13, 2019) Report and Appendices A to D from the Director, Real Estate Services on Proposed Settlement of Various Claims at 300 Borough Drive, 530 Progress Avenue and 580 Progress Avenue - Line 2 East Extension
https://www.toronto.ca/legdocs/mmis/2019/ex/bgrd/backgroundfile-131210.pdf
Confidential Attachment 1
Source: Toronto City Clerk at www.toronto.ca/council