Item - 2023.EX10.17

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council approve the Eglinton East Light Rail Transit alignment as outlined in Attachment 1 to the report (November 21, 2023) from the Executive Director, Transit Expansion.

2. City Council authorize the Deputy City Manager, Infrastructure Services to negotiate, enter into and execute the necessary agreements, including all amendments thereto, with Metrolinx to undertake the following work, at a cost of up to the maximum amount outlined in Confidential Attachment 1 to the report (November 21, 2023) from the Executive Director, Transit Expansion, and on such other terms and conditions satisfactory to the Deputy City Manager, Infrastructure Services, and in a form satisfactory to the City Solicitor:

a. advance design on the Scarborough Subway Extension tunnel box structure to protect for the Eglinton East Light Rail Transit Kennedy Station overbuild;

b. design and construct a knockout panel at Sheppard-McCowan Station to accommodate the efficient flow of passengers in the future between the Eglinton East Light Rail Transit and Scarborough Subway Extension; and

c. design and construct utility relocations to allow for a future Eglinton East Light Rail Transit utility exclusion zone at and in the vicinity of Kennedy Station.

3. City Council direct the Executive Director, Transit Expansion, to identify an alternative site for the location of the Eglinton East Light Rail Transit Maintenance and Storage Facility, while continuing to work with Metrolinx to acquire permanent access to 8300 Sheppard Avenue East – Conlins Yard site, which is the preferred Maintenance and Storage Facility location.

4. Should any portion of the Council-approved Eglinton East Light Rail Transit alignment overlap with a confirmed Provincially-led extension of rapid transit along Sheppard Avenue, east of the existing Toronto Transit Commission Line 4, City Council authorize the Executive Director, Transit Expansion, to modify the Eglinton East Light Rail Transit alignment accordingly, including potentially removing the overlap from the Eglinton East Light Rail Transit project.

5. City Council increase the Transit Expansion Division’s 2023-2032 Capital Budget and Plan by $9.5 million in 2024, with $5.0 million funded from the Transit Development Charge Reserve Fund (XR2109) and $4.5 million funded from the Scarborough Transit Reserve Fund (XR1725).

6. City Council authorize the Executive Director, Transit Expansion, in consultation with the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning and the Toronto Transit Commission, to continue to advance the design refinement and coordination to be undertaken by the City with Metrolinx to support the Durham–Scarborough Bus Rapid Transit and Eglinton East Light Rail Transit interface in the vicinity of Morningside and Ellesmere.

7. City Council authorize the public release of Confidential Attachment 1 to the report (November 21, 2023) from the Executive Director, Transit Expansion upon completion of the work contemplated in Part 2 above.

8. City Council authorize the public release of Confidential Attachment 2 to the report (November 21, 2023) from the Executive Director, Transit Expansion upon completion of the Eglinton East Light Rail Transit project.

9. City Council direct the Executive Director, Transit Expansion to report back to City Council in 2024 with:

a. revised cost estimates and an approach to advance the Eglinton East Light Rail Transit to 30 percent design;

b. an update on the Province’s Sheppard Extension project, including any changes to the Eglinton East Light Rail Transit alignment contemplated in Part 4 above;

c. results of the Phase 2 public consultation process;

d. Metrolinx cost estimates to deliver the required protections for the Eglinton East Light Rail Transit at Kennedy Station; and

e. an update on the status of environmental approvals and access to Conlins Yard, including an alternative site for the Eglinton East Light Rail Transit Maintenance and Storage Facility should Conlins Yard not be made available by the Province.

10.  City Council request the Executive Director, Transit Expansion to continue to explore opportunities for a stop to be located at Morningside Park, 390 Morningside Avenue.

11. City Council request the Province of Ontario and Metrolinx to continue to collaborate with the Transit Expansion Division on areas of shared interest as it relates to the advancement of the Eglinton East Light Rail Transit.

12. City Council request the Province of Ontario and Metrolinx to provide clarity as soon as possible to the Transit Expansion Division regarding Metrolinx's work and intentions on the Sheppard Extension and Conlins Yard as it relates to the Eglinton East Light Rail Transit.

13. City Council direct the City Manager and the Chief Financial Officer and Treasurer to inform the Provincial and Federal Governments of the City's allocated funding commitment to the Eglinton East Light Rail Transit and request their financial support to fully fund the project.

Confidential Attachment 1 to the report (November 21, 2023) from the Executive Director, Transit Expansion remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to commercial information, supplied in confidence to the City of Toronto, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and involves the security of the property belonging to the City of Toronto. Confidential Attachment 1 to the report (November 21, 2023) from the Executive Director, Transit Expansion will be made public upon completion of the work contemplated in Part 2 of Council's decision.

Confidential Attachment 2 to the report (November 21, 2023) from the Executive Director, Transit Expansion remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to commercial information, supplied in confidence to the City of Toronto, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization and involves the security of the property belonging to the City of Toronto. Confidential Attachment 1 to the report (November 21, 2023) from the Executive Director, Transit Expansion will be made public upon completion of the Eglinton East Light Rail Transit project.