Item - 2022.IE27.8

That:

1. City Council designate all roads in Ward 4, Ward 10, Ward 11, Ward 13 and Ward 14 as a "Community Safety Zone” and City Council request the General Manager, Transportation Services to report directly to City Council for consideration with the Budget on February 17 2022 on implementation, including the possibility of a phased approach.

That:

1. City Council direct the General Manager, Transportation Services to analyze, with an equity lens, publicly available data on drivers who receive fines geographical areas where fines are received  from the automated speed enforcement program and to report back to the Infrastructure and Environment Committee in February 2023 on an approach to ensuring automated speed enforcement cameras and Vision Zero programs do not result in over policing of racialized communities and people. 

That Councillor Wong-Tam be permitted to withdraw her motion.

That:

1. City Council direct the General Manager, Transportation Services to take the following further actions on the Vision Zero Road Safety Plan:

a. investigate contract options for expansion of the permanent and mobile (portable) Watch Your Speed program beyond School Safety Zones;

b. investigate strategies to better meet or exceed the annual target of implementation of 80 School Safety Zones each year;

c. explore alternative data collection models to reduce the time it takes to obtain data and reduce the delay in conducting traffic studies; and

d. expand the roll-out of in-road flexible speed signage posts across the city in 2022.

2. City Council request the Province of Ontario to increase fines and penalties for drivers engaging in aggressive driving and excessive speeding at a scale that is expected to influence driver behaviour.

That City Council amend Attachment 1 to the report (January 11, 2022) from the General Manager, Transportation Services by adding Avenue Road, between Eglinton Avenue West and Chaplin Crescent, as a Community Safety Zone.

That:

1. City Council request the General Manager, Transportation Services to review and assess all arterial roadway segments within the Toronto and East York Community Council area, in order to improve safety through the implementation of the Automated Speed Enforcement Program on these streets, and to report back, in consultation with the City Solicitor, on the feasibility of and criteria for designating portions of those arterial roadways as Community Safety Zones, along with an implementation plan, as part of the planned report back to the Infrastructure and Environment Committee once the enabling regulatory framework for an Administrative Penalty System for the Red Light Camera and Automated Speed Enforcement programs is provided by the Province.

Amended by motion 10b by Councillor Jennifer McKelvie.

That City Council amend Attachment 1 to the report (January 11, 2022) from the General Manager, Transportation Services by adding Old Sheppard Avenue, between Muirhead Road and Ladner Drive, and Brian Drive, between Clydesdale and Old Sheppard Avenue, as a Community Safety Zone.

That:

1. City Council request the Toronto Police Services Board, to consider as part of its annual budgetary and human resources decision making process, investing additional personnel, technology and other resources into the Toronto Police Service's traffic enforcement capacity in order to address Vision Zero objectives in Toronto.

That:

1.  City Council amend motion 5 by Councillor Layton by adding the words "and in Wards 21 and 8" so that it now reads:

"1. City Council request the General Manager, Transportation Services to review and assess all arterial roadway segments within the Toronto and East York Community Council area and in Wards 21 and 8, in order to improve safety through the implementation of the Automated Speed Enforcement Program on these streets, and to report back, in consultation with the City Solicitor, on the feasibility of and criteria for designating portions of those arterial roadways as Community Safety Zones, along with an implementation plan, as part of the planned report back to the Infrastructure and Environment Committee once the enabling regulatory framework for an Administrative Penalty System for the Red Light Camera and Automated Speed Enforcement programs is provided by the Province."

That:

1. City Council amend Attachment 1 to the report (January 11, 2022) from the General Manager, Transportation Services by adding Commissioners Street from Leslie Street to Bouchette Street as a Community Safety Zone, and Leslie Street from Lake Shore Boulevard East to Unwin Avenue as a Community Safety Zone.

That:

1. City Council direct the General Manager, Transportation Services, to report to the Infrastructure and Environment Committee in the second quarter of 2022, on the outcome of the Senior Safety Zone review of Boris Avenue East and Sheppard Avenue East including how it was initiated, how it was carried out, partnerships that assisted, and criteria to establish these reviews in other neighbourhoods.

That:

1. City Council reiterate its request to the Ontario Ministry of Transportation to undertake all necessary measures to expand the Automated Speed Enforcement Program further in order to fully realize Vision Zero, including expediting their review of the Automated Speed Enforcement program and permissible locations, and implementation of the Administrative penalty system.

That:

1. City Council amend the motion 5 by Councillor Layton by deleting the words "Toronto and East York Community Council area" and inserting the words "City of Toronto", so that it now reads as follows:

"1. City Council request the General Manager, Transportation Services to review and assess all arterial roadway segments within the Toronto and East York Community Council area City of Toronto in order to improve safety through the implementation of the Automated Speed Enforcement Program on these streets, and to report back, in consultation with the City Solicitor, on the feasibility of and criteria for designating portions of those arterial roadways as Community Safety Zones, along with an implementation plan, as part of the planned report back to the Infrastructure and Environment Committee once the enabling regulatory framework for an Administrative Penalty System for the Red Light Camera and Automated Speed Enforcement programs is provided by the Province."

Mayor Tory, on a Point of Order, asked the Speaker whether the rule that the Member who held an Item must speak first could be waived.

Councillor Layton, on a Point of Order, stated that he wished for the City Clerk to explain the rule.

Councillor Perks, on a Point of Order, stated that since staff have been brought to the floor that he would like to ask questions of staff.

Councillor Perks, on a Point of Privilege, requested that a clarifying memorandum sent to Members of Council by the General Manager, Transportation Services be re-circulated and that correspondence from the Member of Provincial Parliament for Parkdale-High Park, based on the Legislative Committee hearings on this legislation, where the government of the day said an entire municipality could be declared Community Safety Zone, also be circulated to all Members of Council before continuing debate on this Item.  Councillor Perks further stated that he would be willing to have discussions with the City Solicitor off line as the advice given by the City Solicitor to Council is not the same advice provided by some of her staff to him in the fall of 2021.

Councillor Robinson, on a Point of Order, stated that she could not hear what the City Solicitor was saying as Members were talking over the City Solicitor and that she would like to hear what the City Solicitor has to say.

Mayor Tory, on a Point of Order, stated that this was not the way to make public policy and that there are documents that haven't been seen and people would be outraged if Council was making decisions when documents were suddenly being presented.  Mayor Tory suggested that this matter be organized properly and that in future, there should be questions of staff.  Mayor Tory further stated that he was not averse to finding ways to broaden Community Safety Zones, however this is not the way to do that nor is it right to strike the matter down on a technicality.  Mayor Tory further stated that Council should stand the matter down, get the documentation and get one set of advice from Legal staff. Mayor Tory further stated that Members know that this is not right and that it's gamesmanship.

Councillor Perks, on a Point of Privilege, stated that Mayor Tory's comments suggest that he was not in earnest in placing his motion but was involved in some sort of gamesmanship, and asked that the Mayor withdraw his comments.  Councillor Perks further stated that the Mayor knows that the motion is in line with positions he has taken on Council repeatedly, including back in his days as an activist.  Councillor Perks further stated that he is serious about this issue and resents the Mayor dismissing a difference of opinion as gamesmanship.

Mayor Tory, on a Point of Order, withdrew his comments and asked that Councillor Perks bring the matter forward in a way that allows for proper consideration of all the different legal opinions, rather than by a Member Motion with documents flying around and the need for rulings.  Mayor Tory further stated that he takes Councillor Perks' submission very seriously and wants to see ways to expand Community Safety Zones and that Councillor Perks knows that this is not the right way to do this.

Councillor Perks, on a Point of Order, stated that he cannot do what the Mayor suggests as an almost identical motion was considered  and discussed in deputations at Committee, and that he has not brought this forward as a Member Motion.

Councillor Wong-Tam, on a Point of Order, asked if questions to the City Solicitor have concluded.

Councillor Holyday, on a Point of Order, asked the Speaker to rule whether motion 2 by Councillor Wong-Tam is in order as he understands that the Automated Speed Enforcement program tickets the owner of the vehicle and not the driver because the camera does not capture who is driving the car.

Deputy Mayor Minnan-Wong, on a Point of Privilege, stated that he problems with Councillor Wong-Tam's motion and now that it is being rewritten, he not able to speak to it or ask questions because he doesn't know what the motion says.  Deputy Mayor Minnan-Wong  further stated that this affects his rights as a Member to ask questions and to speak to the Item, and that there either is or isn't a motion  Deputy Mayor Minnan-Wong stated that perhaps the Member should take the motion to committee if it has not been properly thought out.  Deputy Mayor Minnan-Wong further stated that he needs to be able to ask questions and speak to the motion, and to give these permissions to change motions impacts the rights of Councillors.

Councillor Holyday, on Point of Order, asked if the Speaker would permit him to add his name to the list of Members who wished to question Councillor Wong-Tam on her motion as, even though he has already questioned the Councillor about her motion, that motion has changed and it is now a different motion.

Councillor Fletcher, on a Point of Order, stated that she believes that Council has already increased the police budget for Vision Zero so it would be in the base budget and Councillor Holyday's motion may not be in order.

That the Infrastructure and Environment Committee recommend that: 

1. City Council request the General Manager, Transportation Services to, as part of the update to the Guiding Principles for Cyclist Safety in Work Zones, to work in consultation with stakeholders to communicate and hear feedback on the proposed changes.

2. City Council direct the General Manager, Transportation Services to review the existing criteria for establishing Community Safety Zones and consider including other sensitive community areas such as Senior Safety Zones and locations near parks and community centres and report to the Infrastructure and Environment Committee once the Provincial review of the Automated Speed Enforcement Program is completed.

3. City Council designate all roads in Ward 4, Ward 11 and Ward 13 as a "Community Safety Zone” and request General Manager, Transportation Services report back on implementation, including the possibility of a phased approach, as part of the 2022 operating and capital budget.

Parts 1 and 2 of motion 1 by Councillor Layton carried.

Part 3 of motion 1 by Councillor Layton lost on a tie; three in favour, three opposed.

That the Infrastructure and Environment Committee recommend that:

1. City Council direct the General Manager Transportation Services to immediately initiate a process to designate as Community Safety Zones all stretches of roadway currently designated as Seniors Safety Zones.

2. City Council designate all roads in Ward 8 as a "Community Safety Zone”. 

Part 1 of motion 2 by Councillor Colle carried.

Part 2 of motion 2 by Councillor Colle lost on a tie; three in favour, three opposed.

That Infrastructure and Environment delete Recommendation 6

Recommendation to be deleted

6. City Council direct the General Manager, Transportation Services, Director, Court Services, and the City Solicitor, to include for consideration as part of the 2023 Budget Process all budget and staff anticipated to be required in order to accommodate the 25 additional Automated Speed Enforcement Cameras to the Automated Speed Enforcement Program in accordance with the City's existing contract relating to Request for Proposal 9148-19-0048 (for the provision of Automated Speed Enforcement services).  

And replace it with the following recommendation:

6. City Council direct the General Manager, Transportation Services, Director, Court Services, and the City Solicitor, to acquire and implement 25 additional Automated Speed Enforcement Cameras to the Automated Speed Enforcement Program as soon as possible in 2022, in accordance with the City's existing contract relating to Request for Proposal 9148-19-0048 (for the provision of Automated Speed Enforcement services) and to include for consideration as part of the 2023 Budget Process all budget and staff anticipated to be required for those 25 additional Automated Speed Cameras.

That Infrastructure and Environment Committee recommend that:

1. City Council direct the General Manager, Transportation Services to immediately advance work to expand the program further at the earliest possible date, including an RFP that considers all possible technologies.