Agenda

This meeting of the Infrastructure and Environment Committee will be conducted with members participating in person and remotely.  

Members of Council, City Officials, and members of the public who register to speak will be provided with the video conference details closer to the meeting date.

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This agenda and any supplementary materials submitted to the City Clerk can be found online at www.toronto.ca/council. Visit the website for access to all agendas, reports, decisions and minutes of City Council and its Committees and Boards.

Declarations of Interest under the Municipal Conflict of Interest Act

Speakers/Presentations: The speakers list will be posted online at 8:30 a.m. on January 30, 2023

Communications/Reports

The Deputy City Managers from Infrastructure and Development Services, Community and Social Services, and Corporate Services will present an overview of the themes and major initiatives from Divisions that regularly report to the Infrastructure and Environment Committee.

The General Manager, Transportation Services recommends that:  

1. City Council authorize the continuation of the closure of the east sidewalk and a 1.6 metre-wide portion of the northbound lane on Redpath Avenue, between Broadway Avenue and a point 74 metres north, from February 8, 2023 to August 31, 2024.

2. City Council direct the applicant to pressure wash or sweep (weather permitting) the construction site and adjacent sidewalks and roadways daily, or more frequently as needed to be cleared of any construction debris and made safe.

3. City Council direct the applicant to continue to ensure that the existing sidewalks or the proposed pedestrian walkways have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

4. City Council direct the applicant to continue to clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications.

5. City Council direct the applicant to continue to install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

6. City Council direct the applicant to continue to provide a sufficient number of traffic control persons as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public.

7. City Council direct the applicant to continue to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public.

8. City Council direct the applicant to continue to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired.

9. City Council direct the applicant to continue to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

10. City Council direct the applicant to continue to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

11. City Council direct the applicant to continue to monitor and provide results of noise and vibration monitoring to the Work Zone Construction Coordination Unit, for the City to monitor and comment on.

12. City Council direct the applicant to continue to provide monthly community meetings, to discuss any concerns raised by the community.

13. City Council direct that Broadway Avenue and Redpath Avenue be returned to their pre-construction traffic and parking regulations when the project is complete.

This report is submitted to Infrastructure and Environment Committee as Broadway Avenue forms a shared boundary between the Toronto and East York Community Council and the North York Community Council.

Reserve Properties Limited is constructing 33 and 21 level condominium towers, and a 36 level rental tower on the north side of Broadway Avenue, between Redpath Avenue and Mount Pleasant Road. The north sidewalk and a 2.7 metre-wide portion of the westbound north-side curb lane on Broadway Avenue, and the east sidewalk and a 1.6 metre-wide portion of the northbound lane on Redpath Avenue are closed for construction staging operations. Pedestrian operations are maintained on the north side of Broadway in a 2.1 metre-wide covered and protected walkway and on the east side of Redpath Avenue in a 1.7 metre-wide covered and protected walkway,  within the closed portion of the existing applicable lanes.

At its meeting on December 15, 2021, City Council approved the subject construction staging area on Broadway Avenue, between Redpath Avenue and a point 102 metres east, from December 16, 2021 to December 31, 2022. On the same date, City Council approved the construction staging area on Redpath Avenue, between Broadway Avenue and a point 74 metres north, for the same time period. At the time, the developer indicated they would require the staging area on Broadway Avenue for a total of 13 months (from December 16, 2021 to December 31, 2022) and on Redpath Avenue for a total of 33 months (from December 16, 2021 to August 31, 2024).

As the previous permit was only approved for a 13-month period, the developer has requested an extension of the duration of the construction staging area on Redpath Avenue only, in order to complete the construction of the development.

Transportation Services is requesting authorization to extend the duration of the construction staging area on Redpath Avenue from February 8, 2023 to August 31, 2024 to allow for the construction of the development to be completed.

There is no financial impact to the City. Reserve Properties Limited is responsible for all costs, including payment of fees to the City for the occupancy of the right-of-way. Based on the area enclosed and projected duration of the proposed closures, these fees will be approximately $220,000.00.

The General Manager, Transportation Services recommends that:  

1. City Council authorize the continuation of the closure south sidewalk and a 2.7 metre-wide portion of the westbound south-side curb lane on Broadway Avenue, between a point 71.5 metres west of Redpath Avenue and a point 40.5 metres further west, from March 1, 2023 to June 30, 2025.

2. City Council direct the applicant to pressure wash or sweep (weather permitting) the construction site and adjacent sidewalks and roadways daily, or more frequently as needed to be cleared of any construction debris and made safe.

3. City Council direct the applicant to continue to ensure that the existing sidewalks or the proposed pedestrian walkways have proper enhanced lighting to ensure safety and visibility at all times of the day and night.

4. City Council direct the applicant to continue to clearly consult and communicate all construction, parking and road occupancy impacts with local business improvement areas and resident associations in advance of any physical road modifications.

5. City Council direct the applicant to continue to install appropriate signage and converging mirrors to ensure that pedestrians, cyclists and motorists safety is considered at all times.

6. City Council direct the applicant to continue to provide a sufficient number of traffic control persons as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, on a daily basis to control construction vehicle access and egress to and from the site and maintain a safe environment for the public.

7. City Council direct the applicant to continue to provide a sufficient number of pay-duty Police Officers as determined by the Work Zone Traffic Coordinator and Toronto Police Construction Liaison Officer, during large scale concrete pours and large scale material deliveries to control vehicle access and egress to and from the site and maintain a safe environment for the public.

8. City Council direct the applicant to continue to install cane detection within the covered and protected walkway to guide pedestrians who are visually impaired.

9. City Council direct the applicant to continue to post a 24-hour monitored construction hotline number on the hoarding board, which must be prominently placed and legible from 20 metres and on all elevations from the construction site.

10. City Council direct the applicant to continue to provide and install public art, including mural artwork, onto every elevation of the hoarding board with adequate spotlighting for night-time illumination, at their sole cost, to the satisfaction of the Ward Councillor.

11. City Council direct the applicant to provide monthly community meetings, to discuss any concerns raised by the community.

12. City Council direct that Broadway Avenue be returned to its pre-construction traffic and parking regulations when the project is complete.

This report is submitted to Infrastructure and Environment Committee as Broadway Avenue forms a shared boundary between the Toronto and East York Community Council and the North York Community Council.

Hazelview Investments is constructing one 38-storey residential rental tower at 73 Broadway Avenue that will be connected to the remaining portion of 75 Broadway Avenue through the common first-floor and underground parking. The site is located on the south side of Broadway Avenue, mid-block between Yonge Street and Redpath Avenue. The south sidewalk and a 2.7 metre-wide portion of the westbound south-side curb lane on Broadway Avenue are currently closed for construction staging operations. Pedestrian operations on the south side of Broadway Avenue are maintained in a 2.1 metre-wide covered and protected walkway within the closed portion of the existing lane.

City Council, at its meeting on November 9, 10 and 12, 2021, approved the subject construction staging area, between a point 71.5 metres west of Redpath Avenue and a point 40.5 metres further west, from March 1, 2022 to February 28, 2023. At the time, the developer indicated they would require the staging area for a total of 42 months, from March 1, 2022 to August 31, 2025.

As the previous permit was only approved for a 12-month period, and as the developer has had experienced delays due to labour issues, the developer has requested an extension of the duration of the construction staging area on Broadway Avenue in order to complete the construction of the development.

Transportation Services is requesting authorization to extend the duration of the construction staging area from March 1, 2023 to June 30, 2025 to allow for the construction of the development to be completed.

There is no financial impact to the City. Hazelton Investments is responsible for all costs, including payment of fees to the City for the occupancy of the right-of-way. Based on the area enclosed and projected duration of the proposed closures on Broadway Avenue, these fees will be approximately $265,000.00.

The General Manager, Transportation Services recommends that:  

1. City Council approve the ActiveTO Yonge Street Cycling Network Expansion project installed in 2021 currently in place as permanent and in doing so, authorize the necessary by-law amendments to retain the following locations as a permanent installation:

a. Yonge Street: 150 metres north of Davisville Avenue to 100 metres south of Bloor Street (cycle tracks, Ward 11 and 12).

2. City Council approve the ActiveTO Bayview Cycling Network Expansion project installed in 2021 currently in place as permanent and in doing so, authorize the necessary by-law amendments to retain the following locations as a permanent installation:

a. Bayview Avenue: River Street to Front Street East (multi-use trail, Ward 13)

3. City Council amend cycling, traffic and parking regulations required in Chapter 886, Chapter 903, Chapter 910 and Chapter 950, as generally described in Attachment 2-Technical Amendments for By-law accuracy.

In December 2021, City Council adopted the Cycling Network Plan and the associated 2022-2024 Near-Term Implementation Plan, which seeks to build on the existing network of cycling routes to Connect gaps in the current network, Grow the network into new parts of the city, and Renew existing parts of the network to improve safety.

This report provides an update on the progress of the Cycling Network Near-Term Implementation Program (2022 to 2024) including an outline of three major projects planned for 2023.

The main focus of this report is an update on the 2021 ActiveTO Cycling Network Expansion pilot projects on Midtown Yonge Street and Bayview Avenue south of River Street, summarizing additional data collected, and recommendations that both pilot projects be made permanent based on the performance data collected and alignment with City Council approved policies. 

The ActiveTO Cycling Network Expansion program dedicated road space on a temporary basis to facilitate cycling for essential trips and physical activity in order to support the city during the COVID-19 pandemic in 2020 and 2021. The program was highlighted in the City of Toronto's Office of Recovery and Rebuild's COVID-19: Impacts and Opportunities Report, which indicated that transportation infrastructure and programs will be critical for Toronto's recovery to build back better.

Seven of the temporary ActiveTO Cycling Network Expansion projects installed in 2020 were made permanent in December 2021. The bikeways on Yonge Street from Davisville Avenue to Bloor Street and Bayview Avenue from River Street to Front Street East were installed in July 2021. In April 2022, Council extended the pilots provisionally until January 2023 subject to additional data collection, operational adjustments, further stakeholder consultation, monitoring and evaluation.

The ActiveTO Midtown Complete Street Pilot on Yonge Street included cafés, cycle tracks and other streetscape elements. The expanded CaféTO program provided urgent support to local restaurants, while the ActiveTO bikeways provided a new safe connection that mirrored the Line 1 subway line.

In April 2022, City Council authorized the provisional continuation of the temporary ActiveTO 2021 Cycling Network Expansion projects on Bayview Avenue and Yonge Street until January 2023. Since April 2022, Transportation Services has implemented a number of adjustments to improve safety and operations.

After 18 months of installation, the data demonstrates increases (ranging between 57 percent and 250 percent) in cycling trips and increases in pedestrian trips (ranging between 59 percent and 145 percent) on the corridor, as well as support for local business including an increase from 10 CaféTO patios in 2020 to 21 patios on the corridor in 2022.

Motor vehicle travel times in both directions on Midtown Yonge Street during most times of the day are now less than a minute higher than the pre-pandemic baseline (Fall 2019). After various adjustments to the pilot, travel times have increased by less than 70 seconds (down from 90 seconds in AM/PM peak periods and 150 seconds midday observed Fall 2021).

Toronto Fire Services and Toronto Paramedic Services have also provided updates on the impacts to their service in this report.

Prior to the complete street changes, TTC had on-going maintenance projects impacting Line 1 to improve reliability, increase capacity, and improve system accessibility. The need for regular and predictable shuttle bus service has been closely monitored during the pilot period. The TTC has provided updated data for Line 1 replacement shuttle buses in this report. 

The most recent data from the TTC indicates that through operational adjustments to mitigate variability, the customer experience for those that use the Line 1 shuttle buses is now comparable to pre-pilot conditions. Further, the TTC maintenance projects requiring planned shuttle bus service on Line 1 are now largely complete.

Community consultation has taken place, both before and during the pilot, with local businesses, four Business Improvement Areas, several neighbourhood associations and area residents through various online meetings and in-person site walks. Feedback for the ActiveTO Midtown Complete Street Pilot ranged from support for the project citing improved safety and experience for people walking and cycling because of the cycle tracks and complete street design, to requests to remove the cycle tracks due to concerns about motor vehicle congestion and increased travel time.

Following additional data collection, operational improvements and consultation, and based on the performance data collected, as well as alignment with City Council approved policies such as the Vision Zero Road Safety Plan and TransformTO Climate Action Strategy, Transportation Services recommends the pilot project on Yonge Street from 150 metres north of Davisville Avenue to 100 metres south of Bloor Street (cycle tracks, Ward 11 and 12) be made permanent.

If the pilot is made permanent, it would provide the opportunity to transform temporary curb extensions and buffers into permanent planted and/or concrete islands, incorporate upgrades into redevelopment site streetscape frontages, and incorporate other upgrades as part of major road resurfacing planned in upcoming years.

The ActiveTO pilot on Bayview Avenue was implemented between Front Street East and River Street to provide a safe and direct detour to the Lower Don Trail closures. While Waterfront Toronto has moved forward with closures of the trail south of Corktown Commons until at least 2024, the planned Parks, Forestry and Recreation project which was expected to close the trail in 2021 to widen and improve the trail between Riverdale Park and Corktown Commons has experienced a delay due to contractor issues and Metrolinx permitting. Construction of the Lower Don Trail project is now expected to start in 2023. While the work is currently planned to be complete in December 2023, there is potential for construction to carry through to April 2024. 

While the ActiveTO Bayview pilot project was initially conceived as a temporary detour route for the Lower Don Trail, it has now been in operation in tandem with the trail. Cycling volumes grew on Bayview Avenue, while the Lower Don Trail cycling volumes remained consistent. The ActiveTO Bayview pilot is providing new connectivity to the cycling network not previously served, such as The Esplanade-Mill Street bi-directional cycle track, the River Street cycle tracks and the Rosedale Valley Road Multi-use trail. Further, there has been minimal impacts to the broader transportation network, as northbound motor vehicle demand has been accommodated on parallel corridors including River Street and Parliament Street.

As such, Transportation Services recommends the pilot project on Bayview Avenue between River Street and Front Street East (multi-use trail, Ward 13) be made permanent.

Finally, this report seeks to make minor housekeeping amendments to existing bikeways and their associated traffic and parking by-laws on the following streets:

·  Adelaide Street (traffic and parking, Ward 10 and 13)

·  College Street (parking for persons with disabilities, Ward 11)

·  Douro Street and Wellington Street (traffic and parking, Ward 10)

·  Shuter Street and Sumach Street (traffic and parking, Ward 13)

·  The Esplanade-Mill Street Cycling Connections Project (traffic and parking, Ward 10 and 13)

Funding for annual maintenance costs for Yonge Street and Bayview Avenue projects can be accommodated within the 2023 Operating Budget for Transportation Services.

If the projects are made permanent, capital funding is available for improvements along the corridors. Funding is available in the proposed 2023 - 2032 Capital Budget and Plan for Transportation Services (CTP817-05).

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The General Manager, Transportation Services recommends that:  

1. City Council authorize the closure of the F.G. Gardiner Expressway, from the Humber River to the Don Valley Parkway, including all ramps, and the Don Valley Parkway, from the F.G. Gardiner Expressway to York Mills Road, including all ramps, on the Sundays of June 4, 2023, June 2, 2024 and June 1, 2025 from 2:00 a.m. to 4:00 p.m., for the Bike for Brain Health event.

2. City Council prohibit other road closures due to events or film permits on arterial roads bounded by Highway 401, Warden Avenue, Lake Ontario, Humber River, Queen Street/The Queensway, and Yonge Street, as they will be required to accommodate overflow traffic from the expressway closures resulting from the Bike for Brain Health event.

3. City Council request the Toronto Transit Commission to not schedule any subway closures during the period the Bike for Brain Health event is held.

4. City Council require the organizer to pay, within 90 days of the City issuing an invoice, any costs incurred to the City to secure the work zones along the F. G. Gardiner Expressway during the F. G. Gardiner Expressway rehabilitation work.

The purpose of this report is to request City Council approval to close the F.G. Gardiner Expressway and Don Valley Parkway on the Sundays of June 4, 2023, June 2, 2024 and June 1, 2025 for the purpose of the Bike for Brain Health event in support of the Baycrest Foundation.  Historically, it has been a practice to seek authority for 3 year periods in order to give event organizers some certainty for planning these annual events.

The permit costs for the Bike for Brain Health is estimated at $55,000.  The event organizers will be responsible for the full costs associated with the Bike for Brain Health event.  There are no direct budgetary implications to the City.

The General Manager of Parks, Forestry and Recreation recommends that:  

1. City Council authorize the General Manager, Parks, Forestry and Recreation to negotiate and sign on behalf of the City an agreement with Park People, a Toronto-based registered charity, to support the Park People National Urban Parks conference in Toronto in June 2023 as Host City Partner, and through that agreement for the City to provide up to $25,000 in conference support services, secured through standard City of Toronto purchasing procedures, in return for a Host City Partner benefits package and other benefits, on terms and conditions acceptable to the City Manager and General Manager, Parks, Forestry and Recreation, and in a form acceptable to the City Solicitor.

Park People, a Toronto-based national registered charity focused on urban parks, would like to collaborate with the City of Toronto as Host City Partner in order to deliver the National Urban Parks Conference in June 2023. This report outlines anticipated host city obligations and seeks authority to work with Park People as Host City Partner.

Funding of $25,000 in conference support services for the City to support the 2023 National Urban Parks Conference as Host City Partner. This is included in the Operating Budget for Parks, Forestry and Recreation as part of the 2023 Budget process.

Total City funding for conference support services includes in-kind services and support such as logistical support for conference programming, transportation services to tour sites, bursary programs, study tours and staff resources to support the delivery of the conference in 2023.  

The Chief Financial Officer and Treasurer has been advised of the financial impacts associated with this program to be considered along with other priorities in the 2023 Budget process.

The General Manager, Toronto Water recommends that:

1. City Council authorize the General Manager, Toronto Water to hire the Walkerton Clean Water Centre to provide the Standard of Care training course for all members of Toronto City Council at a cost of approximately $2,050.00 net of all taxes and charges ($2,316.50 including all taxes and charges; $2,086.08 net of HST recoveries).

2. Subject to adoption of Recommendation 1, that all members of Toronto City Council be offered the Standard of Care Training course provided by the Walkerton Clean Water Centre in order to become better informed of their responsibilities under the Safe Drinking Water Act.

The purpose of this report is to provide information concerning the responsibilities of members of City Council under the Province of Ontario's Safe Drinking Water Act (hereinafter referred to as the "Safe Drinking Water Act"), in particular the statutory Standard of Care provision, which came into force on December 31, 2012. This report also provides additional information regarding the City of Toronto Drinking Water Licence, Permit and Accreditation requirements and their historical context.

To support members of City Council to meet their responsibilities under the Safe Drinking Water Act, this report recommends that the Walkerton Clean Water Centre (an agency of the Government of Ontario) be hired by the General Manager of Toronto Water to conduct the Standard of Care Training course titled 'Responsibilities Under the Statutory Standard of Care – Safe Drinking Water Act' for members of City Council in 2023 at City Hall.

A date will be confirmed following direction from City Council and co-ordination with the Walkerton Clean Water Centre and the City Clerk’s Office.  Funding will be provided by Toronto Water for the cost of the trainer from the Walkerton Clean Water Centre.

The cost of the Standard of Care training sessions, provided by the Walkerton Clean Water Agency, is approximately $2,050.00 net of all taxes and charges ($2,316.50 including all taxes and charges).  The cost to the City is $2,086.08 net of HST recoveries.  Funding is available within Toronto Water's 2023 Tabled Operating Budget - (Cost Center TW5015, external training and development).

There are no additional financial impacts associated with the adoption of the recommendations in this report to hold a Standard of Care training course titled 'Responsibilities Under the Statutory Standard of Care – Safe Drinking Water Act' for members of City Council.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The General Manager of Solid Waste Management Services recommends that:

1. City Council authorize the General Manager, Solid Waste Management Services to participate in processes established by  Producer Responsibility Organization(s) registered with the Resource Productivity Recovery Authority, and/or their designate, for the City of Toronto to be contracted to provide recycling services, based on terms and conditions outlined in Confidential Attachment 1, for the management of blue box materials after the transition phase pursuant to the Resource Recovery and Circular Economy Act, 2016 or any regulations thereunder (currently December 31, 2025).

2. City Council direct that Confidential Attachment 1 remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it relates to commercial or financial information that belongs to the City and has potential monetary value, and it involves a position, plan, procedure, criteria or instruction to be applied to any negotiation carried on or to be carried on by or on behalf of the City.
 

3. City Council direct the General Manager, Solid Waste Management Services, to report back to the Infrastructure and Environment Committee with the outcome of discussions with registered Producer Responsibility Organizations and/or their designate for the post-transition phase from January 1, 2026 onwards.

4. City Council authorize the General Manager, Solid Waste Management Services, the General Manager, Transportation Services, and the General Manager, Fleet Services, or their designate, until December 31, 2028, to negotiate and enter into agreements, or amendments of existing agreements, including non-competitive procurement agreements under Code Chapter 195, Purchasing, for pilot projects necessary for Solid Waste Management Services, Transportation Services, and Fleet Services to accelerate and enhance innovative service delivery initiatives for:

(a) public sidewalk waste bin design;

(b) remote and field-based operational data capture including sensors for waste bins; and/or

(c) vehicle design, operations and associated equipment configuration;

on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, General Manager, Transportation Services or General Manager, Fleet Services, and in a form satisfactory to the City Solicitor.

5. City Council authorize the General Manager, Solid Waste Management Services, or their designate, to negotiate and enter into non-competitive agreements to align the print and distribution of waste collection schedules with the City's distribution of tax and utility bills, provided that all such agreements terminate on or before August 31, 2029 or the date on which the City enters into a new competitive call for the provision of tax and utility printing, mailing and design, and that such agreements have a cumulative contract value that together do not exceed $1,100,000.00, all with terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in forms satisfactory to the City Solicitor.

This report provides an update on the outcome of negotiations with a Producer Responsibility Organization (Circular Materials Ontario) on the City of Toronto's role as a recycling service provider from July 1, 2023 to December 31, 2025. The City of Toronto entered into a contract with Circular Materials Ontario to provide recycling collection, transfer and haulage, promotion and education, and 311 customer services to municipally-serviced residential households, schools, and long-term care facilities for financial remuneration. The City of Toronto, acting as a recycling service provider throughout the Extended Producer Responsibility transition, will help to deliver a seamless transition to producer responsibility while maintaining the quality of services currently provided to Toronto residents.

Key successes and outcomes of negotiations have resulted in no impact to customer service, no job losses for City staff and full recovery of the estimated recycling costs that the City is expected to incur in its new service provider role. The City is well positioned to take on this role with the necessary waste management infrastructure in place and decades of experience running one of the largest and most comprehensive recycling programs in North America.

Preparation for ensuring a successful transition to becoming a contracted service provider and the business transformation and change management approach to ensuring contract compliance is also discussed in this report.

The report also describes next steps, guiding principles and consideration of potential future roles for the City to continue to provide recycling services on behalf of producers from January 1, 2026 onwards.

Also contained in this report is information on ongoing advocacy efforts, program performance monitoring, and wind-up of the Continuous Improvement Fund[1].

[1] Continuous Improvement Fund is a funding program that commenced operations on May 1, 2008 with a mandate to improve the effectiveness and efficiency of Ontario’s municipal blue box programs. (https://thecif.ca/about-cif/)

There are financial implications resulting from this report, as outlined in Confidential Attachment 1 and as included in the 2023 Budget that is already before City Council for approval.

Future financial impact considerations resulting from the City's role beyond December 31, 2025, will depend on the outcome of discussions with Producer Responsibility Organizations that are anticipated to take place throughout 2023, and likely will begin to be estimated in the 2024 Budget.

The Chief Financial Officer and Treasurer has reviewed this report and agrees with the financial impact information.

The City Solicitor recommends that:  

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1.

2.  City Council direct that the confidential instructions in Confidential Attachment 1 remain confidential at the discretion of the City Solicitor and that the balance of confidential Attachment 1 remain confidential in its entirety, as it pertains to potential litigation and contains advice that is subject to solicitor-client privilege.

The City awarded Contract No. 17ECS-MI-03AB to Graham Construction and Engineering LP ("Graham") on January 19, 2018 to upgrade the effluent disinfection system at the Ashbridges Bay Treatment Plant ("ABTP") and to refurbish the water pumping station and seawall substation.  The total value of the contract is $209,363,500 excluding HST.

During excavation work, Graham discovered existing buried sheet piles which interfered with the proposed construction.  The City was not aware of the sheet piles prior to excavation and issued a change directive to Graham dated August 20, 2018 for their removal.

The City issued a second change directive to Graham dated August 21, 2018 to remove a portion of the seawall which extended approximately 90 metres further west than shown in the contract drawings and was directly interfering with the location of influent channels and service tunnels that would support the disinfection building.

Due to the delays related to the work associated with the change directives, the City issued change order 097 ("CO97") dated November 25, 2020 to grant Graham an extension of time.  Graham subsequently submitted a claim for costs arising from the modified scope of work and a dispute has arisen between the City and Graham with respect to the resulting time and cost impacts.

Graham's Additional Delay Claims:

In addition to the extension of time the City granted to Graham in CO97, Graham seeks additional extensions of time due to alleged delay events from January 31, 2019 to November 2020.

The City disputes Graham's assessment of the causes and calculation of these delays.

Confidential Attachment 1 contains legal advice from the City Solicitor with respect to the assessment of these claims and recommendations for dispute resolution.

The financial implications are discussed in Confidential Attachment 1

Deputy Mayor McKelvie recommends that:

1.  The Infrastructure and Environment Committee request the General Manager, Solid Waste Management Services, the General Manager, Transportation Services and the Executive Director, Municipal Licensing and Standards, to report back to an Infrastructure and Environment Committee meeting in Q2 of 2023 on the City's operational response and mitigation strategies to address illegal dumping on local and major roadways.

Toronto residents have voiced their concerns to local councillors, 311 and the media about garbage that has been illegally dumped on local residential streets and major roadways. The types of garbage ranges from household waste to furniture to construction materials. Not only is illegal dumping unsightly but it infringes upon residents' enjoyment of their neighbourhoods and can also pose health and safety concerns.

While the pandemic did force a redeployment of City staff, residents now expect that City services will have returned to pre-pandemic levels. Eliminating waste from roadways goes beyond just a coordinated cleanup effort and also requires preventative measures through education and by-law enforcement. We must ensure we are taking all available measures to maintain clean and safe roadways in the City of Toronto.

Councillor Saxe recommends that the Infrastructure and Environment Committee direct:

1. The City Manager to report back to the March 20, 2023 meeting of the Infrastructure and Environment Committee with a confirmed date for the delivery of all reports required by Item IE26.16 "TransformTO Critical Steps for Net Zero by 2040" that have not yet been delivered.

2. The Deputy City Manager, Corporate Services to report back to the March 20, 2023 meeting of Infrastructure and Environment Committee on agreements that have been entered into under Recommendations 5 and 8 in Item 26.16 "TransformTO Critical Steps for Net Zero by 2040", and on progress on any other agreements that are planned for 2023.

3. The City Manager to report back to the March 20, 2023 meeting of Infrastructure and Environment Committee with a plan to implement a ban on use of two-stroke engine leaf blowers, lawnmowers and other small engine equipment because of their adverse impact on air quality and human health, separately from the noise bylaw review referred to in Recommendation 20 of Item IE26.16.

4. Executive Director, Environment and Climate, to report back to the March 20, 2023 meeting of Infrastructure and Environment Committee on the status of every other action item contained in Item IE26.16.

On December 15, 2021 City Council adopted. Item IE26.16 "TransformTO Critical Steps for Net Zero by 2040". This Item contained 40 distinct action items, each of them essential to Toronto’s climate action. Some of these action items are overdue, and others may be affected by the 2023 Budget.

Both Council and the public are entitled to a status update on these 40 action items, given the

urgency and speed of the climate crisis.

Councillor Saxe recommends that the Infrastructure and Environment Committee request:

1. The Director, Environment and Energy, in collaboration with Transportation Services, Toronto Hydro, and the Toronto Parking Authority, to report back to the March 20, 2023 meeting of the Infrastructure and Environment Committee on options, if any, for permitting private installation of electric vehicle charging infrastructure on public streets, including any necessary conditions to protect the public interest.

In order to improve air quality (and therefore public health), and to reduce climate pollution, one essential strategy is to replace fossil fuelled vehicles, whenever possible, with zero emission vehicles. Many Toronto residents wish to acquire electric vehicles, but have nowhere to charge them. In particular, many residents cannot install a personal charging device because they do not have a private driveway and presently park their vehicles on the street.

The electric vehicle chargers being rolled out by Toronto Hydro and the Toronto Parking
Authority are directed primarily at supporting visits to local businesses. There is a
disproportionately high cost to providing public EV charging in on-street parking in residential areas.

Persons who apply for a parking pad to install electric vehicle charging for their personal use are usually turned down because of the many adverse effects of front yard parking on stormwater, groundwater, sidewalk safety, public parking, etc. Constituents are therefore legitimately asking for practical alternatives that would allow them to replace a gas-fuelled vehicle with an electric vehicle.

Councillor Colle recommends that the Infrastructure and Environment Committee recommends: 

1. City Council request that the General Manager, Solid Waste Management Services in consultation with Business Growth Services in the Economic Development and Culture Division report back to the Infrastructure and Environment Committee by Q3 2023 on a feasibility study to deploy Solar Powered Smart Compacting Garbage and Recycling Bins in the field for one or more Business Improvement Areas on a pilot basis to study their effectiveness and possible future deployment throughout the city.

The City of Toronto's public garbage bins have been a longstanding source of frustration for businesses and residents as they are poorly maintained and often overflowing with excess garbage that is not collected in a timely way. Specifically, business owners and Business Improvement Areas who invest their livelihoods in creating welcoming pedestrian environments to attract customers often endure unacceptable wait times for service and maintenance.

This has been well documented and many Members of Council have regularly spoken up about the need for a better solution.

A growing number of cities are testing smart waste management solutions to increase efficiencies, lower operational costs, and keep their cities cleaner. Bins equipped with solar panels are able to use sensors to compact the waste that is deposited, significantly increasing capacity and reducing frequency of waste collection only when the bin is full. Fewer collection visits could also reduce traffic congestion and interruption, lower carbon emissions and increase cleanliness.