Item - 2015.CC5.1
Tracking Status
- City Council adopted this item on March 31, 2015 without amendments.
CC5.1 - Toronto-York Spadina Subway Extension - Schedule and Budget Change
- Decision Type:
- ACTION
- Status:
- Adopted
- Wards:
- All
City Council Decision
City Council on March 31, April 1 and 2, 2015, adopted the following:
1. City Council increase the approved 2015 Capital Budget and 2016-2024 Capital Plan for the Toronto-York Spadina Subway Extension project by $150 million gross, and $90 million net, representing the City of Toronto's share of costs, with the remaining $60 million reflecting the Regional Municipality of York's share.
2. City Council request the Federal government to increase its funding for the Toronto-York Spadina Subway Extension project to reflect one-third funding of the original total project cost.
3. City Council request the Province of Ontario to ensure that its contribution to the Toronto-York Spadina Subway Extension project, through the Move Ontario Trust is no less than $1.059 billion as projected at the outset of the project.
4. City Council direct the City Manager and the Chief Executive Officer, Toronto Transit Commission to report back to Executive Committee by December 31, 2015, with:
a. the results of requests made to the Federal and Provincial governments in support of the Toronto-York Spadina Subway Extension project; and
b. the final estimated project cost as informed by the pending review of construction claims costs by the Chief Executive Officer, Toronto Transit Commission, with recommended sources of funding to complete the project by December 31, 2017.
5. City Council authorize a request to the Federal Minister of Infrastructure, Communities and Intergovernmental Affairs to extend the Building Canada Fund Contribution Agreement for the Toronto-York Spadina Subway Extension, to a date to be agreed upon by the parties in recognition of the amended project schedule.
City Council Decision Advice and Other Information
City Council considered the Mayor's Key Matters, Items EX4.17 and CC5.1, together.
The Chief Executive Officer, Toronto Transit Commission, gave a presentation to Council.
Background Information (City Council)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-78233.pdf
Attachment 1 - TTC Board Report of March 26, 2015 - Toronto-York Spadina Subway Extension - Schedule and Budget Change
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-78648.pdf
Attachment 2 - Minutes No. 72 - Meeting of the Council of the Regional Municipality of York, March 26, 2015
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-78649.pdf
(March 23, 2015) Report from the City Manager on Toronto-York Spadina Subway Extension - Schedule and Budget Change - Notice of Pending Report
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-78704.pdf
(March 31, 2015) Presentation from the Chief Executive Officer, Toronto Transit Commission (CC5.1a)
https://www.toronto.ca/legdocs/mmis/2015/cc/bgrd/backgroundfile-78710.pdf
Motions (City Council)
Councillor Davis, rising on a Point of Privilege, stated that Members of Council should be provided with copies of the confidential Toronto Transit Commission documents related to Item CC5.1.
"Members of Council, before we proceed to consider these matters, I want to establish the boundaries for the debate on these two items, particularly Item CC5.1 regarding the Toronto-York Spadina subway extension.
Firstly I want to stress that what is before Council today are the recommendations of the City Manager contained in his report dated March 30, 2015.
To support his recommendations, the City Manager has attached the decision of the TTC Board made at its March 26 meeting which includes the Chief Executive Officer's original report.
However, the decision of the Board is not before Council for confirmation, approval, rejection or amendment.
That decision was taken by the Board of the TTC under its own authority.
In other words, the TTC decision is before Council today as supporting documentation for the City Manager's report.
The only propositions on the floor are Recommendations 1 to 5 in the City Manager's report.
The TTC has made its decisions in this matter which are is matter under its own jurisdiction as it does, for example, in setting fares. City Council cannot put itself in place of the Board.
Now, turning to the matter of the confidential documents considered by the TTC at their meeting.
The confidential documents considered by the Commission are records of the Commission and they are not in the possession of City Council.
Only the Commission can approve the release of confidential documents considered by them. No single official, whether it is the TTC chair, the TTC CEO or the City Manager, can release those documents.
I remind Council we have faced similar situations.
When we considered Member Motion MM51.5 in May 2014 regarding electronic dance music at Exhibition Place, I ruled based on the Solicitor's advice to Council that if Council wanted to have the confidential documents considered by the Exhibition Place Board, Council would need to ask the Board to provide them.
I believe the facts are the same here, and the same advice applies here.
Lastly, let me provide some additional information for Members to consider.
First, the terms of any arrangement resulting from the TTC's sole source decision in this matter will be coming back to a special meeting of the TTC.
In other words, commissioners will have the opportunity to consider the terms when they are presented to the Board.
Interested Members of Council may wish to attend that meeting to have input into the Board's deliberations.
Second, let me explain the provisions of the TTC's procedures by-law with respect to Councillor's rights.
The TTC's by-law provides that any City Councillor may attend any closed session of the TTC board, as-of-right, unless the matter is related to solicitor-client privilege or potential litigation.
In those cases, councillors are permitted to attend with the consent of the Board. I would hope that the Board would exercise great care in deciding when to include and exclude Council Members.
In summary, I am ruling as follows:
The TTC decision is before us today only as supporting information to the City Manager's report. It is not here for approval, rejection or amendment.
The confidential documents considered by the TTC are not before us today. If Council wishes to consider them, it must ask the TTC to provide them."
Councillor Thompson, rising on a Point of Order, asked the Speaker to circulate her ruling to Members of Council, and stated that as a former Commissioner, he was told by the Solicitor and the head of the Toronto Transit Commission that Members of Council who are not members of the Toronto Transit Commission board cannot attend the closed sessions of the board.
Councillor Fletcher, rising on a Point of Privilege, asked the Speaker if she was aware of whether other Members of Council, aside from the Toronto Transit Commission members, had a copy of the confidential TTC material and if the Speaker would check with the TTC on this matter.
Councillor Campbell, rising on a Point of Order, stated that Member of Council should not disclose confidential information in their remarks.
That:
1. City Council direct that approval of additional funding for the 2015 Capital Budget and 2016-2024 Capital Plan for the Toronto-York Spadina Subway Extension project be conditional on an expedited tender process for project management.
Vote (Amend Item) Mar-31-2015 4:46 PM
| Result: Lost | Majority Required - CC5.1 - Mihevc - motion 1 |
|---|---|
| Total members that voted Yes: 15 | Members that voted Yes are Maria Augimeri, Joe Cressy, Vincent Crisanti, Janet Davis, John Filion, Paula Fletcher, Mary Fragedakis, Jim Karygiannis, Mike Layton, Chin Lee, Pam McConnell, Joe Mihevc, Gord Perks, Anthony Perruzza, Kristyn Wong-Tam |
| Total members that voted No: 28 | Members that voted No are Paul Ainslie, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, Rob Ford, Mark Grimes, Stephen Holyday, Norman Kelly, Josh Matlow, Mary-Margaret McMahon, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Jaye Robinson, David Shiner, Michael Thompson, John Tory |
| Total members that were Absent: 2 | Members that were absent are Ana Bailão, Giorgio Mammoliti |
Vote (Adopt Item) Mar-31-2015 4:48 PM
| Result: Carried | Majority Required - CC5.1 - Adopt the item |
|---|---|
| Total members that voted Yes: 40 | Members that voted Yes are Paul Ainslie, Maria Augimeri, Michelle Berardinetti, Jon Burnside, John Campbell, Christin Carmichael Greb, Shelley Carroll, Raymond Cho, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Justin J. Di Ciano, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Mary Fragedakis, Mark Grimes, Stephen Holyday, Jim Karygiannis, Norman Kelly, Mike Layton, Chin Lee, Josh Matlow, Pam McConnell, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Ron Moeser, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, David Shiner, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 3 | Members that voted No are Joe Cressy, Rob Ford, Gord Perks |
| Total members that were Absent: 2 | Members that were absent are Ana Bailão, Giorgio Mammoliti |
That in accordance with the provisions of Chapter 27, Council Procedures, City Council end the debate on Items EX4.17 and CC5.1 and take the vote immediately.
Vote (End Debate) Mar-31-2015 4:22 PM
| Result: Lost | Two-Thirds Required - Cho - End debate |
|---|---|
| Total members that voted Yes: 11 | Members that voted Yes are Paul Ainslie, Michelle Berardinetti, John Campbell, Raymond Cho, Justin J. Di Ciano, Mark Grimes, Mary-Margaret McMahon, Ron Moeser, Cesar Palacio, David Shiner, John Tory |
| Total members that voted No: 29 | Members that voted No are Maria Augimeri, Jon Burnside, Christin Carmichael Greb, Shelley Carroll, Josh Colle, Gary Crawford, Vincent Crisanti, Janet Davis, Glenn De Baeremaeker, Frank Di Giorgio, Sarah Doucette, John Filion, Paula Fletcher, Rob Ford, Mary Fragedakis, Stephen Holyday, Jim Karygiannis, Norman Kelly, Chin Lee, Josh Matlow, Pam McConnell, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), James Pasternak, Gord Perks, Anthony Perruzza, Michael Thompson, Kristyn Wong-Tam |
| Total members that were Absent: 5 | Members that were absent are Ana Bailão, Joe Cressy, Mike Layton, Giorgio Mammoliti, Jaye Robinson |