Item - 2020.EX16.4
Tracking Status
- City Council adopted this item on September 30, 2020 with amendments.
- This item was considered by Executive Committee on September 23, 2020 and was adopted with amendments. It will be considered by City Council on September 30, 2020.
- See also By-law 800-2020
EX16.4 - Metrolinx-City of Toronto Master Agreement for the GO Expansion Program
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
City Council Decision
City Council on September 30, October 1 and 2, 2020, adopted the following:
1. City Council authorize the City Manager or designate to finalize negotiations, enter into and execute a Master Agreement with Metrolinx for the Metrolinx GO Expansion Program based on the principles identified in the report (September 9, 2020) from the Deputy City Manager, Infrastructure and Development Services, and to enter into any such ancillary or related agreements, amendments, and renewals as may be necessary, all on such other terms and conditions as are satisfactory to the City Manager, in consultation with the Deputy City Manager, Infrastructure and Development Services and the Chief Financial Officer and Treasurer and any other relevant official, and in a form acceptable to the City Solicitor.
2. City Council delegate authority to the Deputy City Manager, Infrastructure and Development Services or designate to oversee the management and implementation of the GO Expansion Master Agreement including, without limitation, providing all necessary consents, approving assignments, and enforcement of warranties, but excluding property rights that have been delegated pursuant to Section 213 of the Municipal Code.
3. City Council direct the City Manager to develop a Community Benefits Framework and Program, in consultation with community-oriented stakeholder groups, as a part of the Metrolinx-City of Toronto Master Agreement for the GO expansion and to ensure that it prioritizes, wherever possible, local procurement and the local creation of jobs and apprentice opportunities for youth and at-risk youth, utilizing an equity and gender equity lens and City Council direct that, prior to any Community Benefits Agreement, the City Manager report on the existing Community Benefits Agreement with Metrolinx on Eglinton, how well it is being implemented and any matters that can be highlighted for future agreements.
4. City Council consent to the binding dispute resolution process in the Master Agreement described in Attachment 2 to the report (September 9, 2020) from the Deputy City Manager, Infrastructure and Development Services to deal with disputes involving the allocation of costs between the parties in respect of City infrastructure.
5. City Council with respect to any Metrolinx transit project under the GO Expansion Program:
a. authorize the Deputy City Manager, Infrastructure and Development Services or designate to identify and approve the inclusion of enhancements to City infrastructure in or near work being done for or near the transit project, as well as investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the transit projects ("Additional Infrastructure") which Metrolinx's contractor will be asked to construct as part of GO Expansion project procurements, subject to the following conditions:
i. the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the applicable Division Head is of the view that the price provided by Metrolinx, as may be reviewed by an independent reviewer, for the Additional Infrastructure is fair and reasonable; and
ii. the funding for the cost of the Additional Infrastructure is or will be available in the year required, within an approved capital budget;
b. authorize the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the Chief Financial Officer and Treasurer, to obtain and pay for estimates and pre-estimates for Additional Infrastructure from Metrolinx and/or Metrolinx's contractor;
c. authorize the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the Chief Financial Officer and Treasurer, to negotiate, enter into and execute Municipal Infrastructure Agreements with Metrolinx for Additional Infrastructure, including any amendments; and
d. notwithstanding City of Toronto Municipal Code Chapter 71, Financial Control, authorize the Chief Financial Officer and Treasurer to approve budget adjustments, provided that sufficient funds are available, and:
i. reallocate funds between capital projects or sub-projects in an amount not more than $3 million; and
ii. report any exercise of this delegated authority to the Budget Committee at the first opportunity.
6. City Council delegate authority to the Deputy City Manager, Infrastructure and Development Services or designate to negotiate, enter into and execute agreements with Metrolinx and any other party, including amendments and renewals for new utility crossing, level crossings and grade separations, including terms related to cost-sharing for both construction and on-going maintenance.
7. City Council authorize the Deputy City Manager, Infrastructure and Development Services or designate to request Metrolinx to provide an update and timelines on the closure of Poplar Road at the rail crossing on the Lakeshore East Line and that the Poplar Road rail crossing be added to the grade separation list for the Lakeshore East Line.
8. City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Transportation Services, to negotiate, enter into, and execute agreements, as may be required, with Metrolinx, for the acquisition and disposition of necessary real estate interests required in connection with the West Toronto Railpath, including transactions that may not reflect fair market value, subject to the funding for the cost of the real estate interests being available within an approved capital budget, and on such terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor; in the event the Executive Director, Corporate Real Estate Management is unable to negotiate an acceptable agreement to acquire the sufficient real estate interests from Metrolinx required to construct and operate the West Toronto Railpath Extension, the Executive Director, Corporate Real Estate Management will require further City Council authorization before entering into any land rights agreements in favour of Metrolinx for the GO Expansion Program along the West Toronto Railpath.
9. City Council delegate to City Officials approval authority pertaining to expropriations for transit related purposes where the City is the property owner or has an interest in the property being expropriated, as outlined in Attachment 3 to the report (September 9, 2020) from the Deputy City Manager, Infrastructure and Development Services and that Appendix A of the Toronto Municipal Code Chapter 213, Real Property be amended to reflect this delegation.
10. City Council direct the City Manager and the Executive Director, Transit Expansion Office to advise Metrolinx that the City strongly recommends that Metrolinx undertake a study, in consultation with the City, General Manager of Parks, Forestry and Recreation, and the Toronto and Region Conservation Authority which considers the possible impacts of this proposed facility on the Don Valley Park and the implications for the City's Ravine Strategy, and a full range of alternative solutions and locations for the Don Valley Layover Facility Metrolinx is proposing as a part of its GO Expansion project; and to report back to the Executive Committee at its meeting on November 18, 2020 on the outcome of this request.
11. City Council direct the City Manager and the Executive Director, Transit Expansion Office, if Metrolinx does not agree to the request in Part a above, to conduct a study, in consultation with the Toronto and Region Conservation Authority and the General Manager of Parks, Forestry and Recreation on the possible impacts of this proposed facility on the Don Valley Park and the implications for the City's Ravine Strategy, and a full range of alternative solutions and locations for the Don Valley Layover Facility Metrolinx is proposing as a part of its GO Expansion project; and include, as a part of developing that report, stakeholder and public consultations.
12. City Council direct the City Manager to provide an update on Parts 10 and 11 above to the Executive Committee at its meeting on November 18, 2020.
13. City Council direct the City Manager and the Executive Director, Transit Expansion Office to update local City Councillors directly on the status and impacts of GO Expansion impacting their wards.
14. City Council direct the City Manager and the Executive Director, Transit Expansion Office to review the proposed plans for Metrolinx's layover facility and to report back to the Executive Committee at its meeting on November 18, 2020 on all the expected uses of that facility and its impacts on the natural environment in and recreation uses of the Don Valley.
15. City Council request the City Manager to provide quarterly progress updates on the Metrolinx GO Expansion Program to the Executive Committee.
16. City Council authorize the City Solicitor to submit the necessary Bill(s) to amend Toronto Municipal Code Chapter 213, Real Property, to give effect to City Council's decision.
Background Information (Committee)
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156541.pdf
Attachment 1 - Metrolinx update on the GO Expansion Program
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156542.pdf
Attachment 2 - GO Expansion Master Agreement Dispute Resolution Terms
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156543.pdf
Attachment 3 - Delegation of Authority for Expropriation Matters
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156544.pdf
Motions (City Council)
That City Council authorize the Executive Director, Corporate Real Estate Management, in consultation with the General Manager, Transportation Services, to negotiate, enter into, and execute agreements, as may be required, with Metrolinx, for the acquisition and disposition of necessary real estate interests required in connection with the West Toronto Railpath, including transactions that may not reflect fair market value, subject to the funding for the cost of the real estate interests being available within an approved capital budget, and on such terms and conditions satisfactory to the Executive Director, Corporate Real Estate Management, and in a form satisfactory to the City Solicitor; in the event the Executive Director, Corporate Real Estate Management is unable to negotiate an acceptable agreement to acquire the sufficient real estate interests from Metrolinx required to construct and operate the West Toronto Railpath Extension, the Executive Director, Corporate Real Estate Management will require further City Council authorization before entering into any land rights agreements in favour of Metrolinx for the GO Expansion Program along the West Toronto Railpath.
Vote (Amend Item (Additional)) Oct-01-2020
| Result: Carried | Majority Required - EX16.4 - Bailao - motion 1 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Ana Bailão, 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, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
That City Council request the City Manager to provide quarterly progress updates on the Metrolinx GO Expansion Program to the Executive Committee.
Vote (Amend Item (Additional)) Oct-01-2020
| Result: Carried | Majority Required - EX16.4 - Colle - motion 2 |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Ana Bailão, 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, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
That City Council direct the City Manager to develop a Community Benefits Framework and Program, in consultation with community-oriented stakeholder groups, as a part of the Metrolinx-City of Toronto Master Agreement for the GO expansion and to ensure that it prioritizes, wherever possible, local procurement and the local creation of jobs and apprentice opportunities for youth and at-risk youth, utilizing an equity and gender equity lens.
Amended by motion 4b by Councillor Fletcher
Vote (Amend Item (Additional)) Oct-01-2020
| Result: Carried | Majority Required - EX16.4 - Wong-Tam - motion 3 as amended |
|---|---|
| Total members that voted Yes: 22 | Members that voted Yes are Paul Ainslie, Ana Bailão, Brad Bradford, Shelley Carroll, 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, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 2 | Members that voted No are Mike Colle, Michael Thompson |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
That:
1. City Council direct the City Manager and the Executive Director, Transit Expansion Office to advise Metrolinx that the City strongly recommends that Metrolinx undertake a study, in consultation with the City, General Manager of Parks, Forestry and Recreation, and TRCA which considers the possible impacts of this proposed facility on the Don Valley Park and the implications for the City's Ravine Strategy, and a full range of alternative solutions and locations for the Don Valley Layover Facility Metrolinx is proposing as a part of their GO Expansion project; and report back to the Executive Committee at its meeting on November 18, 2020 on the outcome of this request.
2. City Council direct the City Manager and the Executive Director, Transit Expansion Office, if Metrolinx does not agree to the request in recommendation 1, to conduct a study, in consultation TRCA and the General Manager of Parks, Forestry and Recreation on the possible impacts of this proposed facility on the Don Valley Park and the implications for the City's Ravine Strategy, and a full range of alternative solutions and locations for the Don Valley Layover Facility Metrolinx is proposing as a part of their GO Expansion project; and include as a part of developing that report stakeholder and public consultations.
3. City Council direct the City Manager to provide an update on recommendations 1 and 2 to the to the Executive Committee at its meeting on November 18, 2020
4. City Council direct the City Manager and the Executive Director, Transit Expansion Office to update local City Councillors directly on the status and impacts of GO Expansion impacting their wards.
5. City Council direct the City Manager and the Executive Director, Transit Expansion Office to review the proposed plans for the Metrolinx's layover facility and report back to the Executive Committee at its meeting on November 18, 2020 on all the expected uses of that facility and its impacts on the natural environment in and recreation uses of the Don Valley.
Vote (Amend Item (Additional)) Oct-01-2020
| Result: Carried | Majority Required - EX16.4 - Fletcher - motion 4a |
|---|---|
| Total members that voted Yes: 24 | Members that voted Yes are Paul Ainslie, Ana Bailão, 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, Michael Thompson, John Tory, Kristyn Wong-Tam |
| Total members that voted No: 0 | Members that voted No are |
| Total members that were Absent: 1 | Members that were absent are Jaye Robinson |
That City Council amend motion 3 by Councillor Wong-Tam so that it now reads as follows:
That City Council direct the City Manager to develop a Community Benefits Framework and Program, in consultation with community-oriented stakeholder groups, as a part of the Metrolinx-City of Toronto Master Agreement for the GO expansion and to ensure that it prioritizes, wherever possible, local procurement and the local creation of jobs and apprentice opportunities for youth and at-risk youth, utilizing an equity and gender equity lens and City Council direct that, prior to any Community Benefits Agreement, the City Manager report on the the existing CBA agreement with Metrolinx on Eglinton, how well it is being implemented and any matters that can be highlighted for future agreements.
Councillor Perruzza, rising on a Point of Privilege, stated that the Speaker's role is to defend the Members, and if Members cross the line then the Speaker is to reprimand Members and not defend staff. Councillor Perruzza also stated that he received an email from staff three days before the shelter was opened.
The City Manager advised Council that the role of the public service is to keep Members informed and that delegated authority is something the public service takes seriously as it affects the community and Members of Council. The City Manager advised that based on a conversation with Councillor Perruzza the day before, he had followed up with staff to ensure that they had communicated with the Member. The City Manager also advised that respectfully, staff did notify the Councillor in advance and that the Councillor did not just find out about this matter recently.
Councillor Perruzza, rising on a Point of Privilege, stated that the City Manager's comments were not accurate as he found out about this matter yesterday through a local Member of the Provincial Legislature.
Councillor Holyday, rising on a Point of Order, stated that Members have a right to an efficient meeting and demanded that Members stick to the debate on the current Item.
Rulings (City Council)
EX16.4 - Metrolinx-City of Toronto Master Agreement for the GO Expansion Program
- Decision Type:
- ACTION
- Status:
- Amended
- Wards:
- All
Committee Recommendations
The Executive Committee recommends that:
1. City Council authorize the City Manager or designate to finalize negotiations, enter into and execute a Master Agreement with Metrolinx for the Metrolinx GO Expansion Program based on the principles identified in the report (September 9, 2020) from the Deputy City Manager, Infrastructure and Development Services, and to enter into any such ancillary or related agreements, amendments, and renewals as may be necessary, all on such other terms and conditions as are satisfactory to the City Manager, in consultation with the Deputy City Manager, Infrastructure and Development Services and the Chief Financial Officer and Treasurer and any other relevant official, and in a form acceptable to the City Solicitor.
2. City Council delegate authority to the Deputy City Manager, Infrastructure and Development Services or designate to oversee the management and implementation of the GO Expansion Master Agreement including, without limitation, providing all necessary consents, approving assignments, and enforcement of warranties, but excluding property rights that have been delegated pursuant to Section 213 of the Municipal Code.
3. City Council with respect to any Metrolinx transit project under the GO Expansion Program:
a. authorize the Deputy City Manager, Infrastructure and Development Services or designate to identify and approve the inclusion of enhancements to City infrastructure in or near work being done for or near the transit project, as well as investigative, planning and design studies considered necessary for City infrastructure and services in the vicinity of the transit projects ("Additional Infrastructure") which Metrolinx's contractor will be asked to construct as part of GO Expansion project procurements, subject to the following conditions:
i. the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the applicable Division Head is of the view that the price provided by Metrolinx, as may be reviewed by an independent reviewer, for the Additional Infrastructure is fair and reasonable; and
ii. the funding for the cost of the Additional Infrastructure is or will be available in the year required, within an approved capital budget;
b. authorize the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the Chief Financial Officer and Treasurer, to obtain and pay for estimates and pre-estimates for Additional Infrastructure from Metrolinx and/or Metrolinx's contractor;
c. authorize the Deputy City Manager, Infrastructure and Development Services or designate, in consultation with the Chief Financial Officer and Treasurer, to negotiate, enter into and execute Municipal Infrastructure Agreements with Metrolinx for Additional Infrastructure, including any amendments; and
d. notwithstanding City of Toronto Municipal Code Chapter 71, Financial Control, authorize the Chief Financial Officer and Treasurer to approve budget adjustments, provided that sufficient funds are available, and:
i. reallocate funds between capital projects or sub-projects in an amount not more than $3 million; and
ii. report any exercise of this delegated authority to the Budget Committee at the first opportunity.
4. City Council delegate authority to the Deputy City Manager, Infrastructure and Development Services or designate to negotiate, enter into and execute agreements with Metrolinx and any other party, including amendments and renewals for new utility crossing, level crossings and grade separations, including terms related to cost-sharing for both construction and on-going maintenance.
5. City Council authorize the Deputy City Manager, Infrastructure and Development Services or designate to request Metrolinx to provide an update and timelines on the closure of Poplar Road at the rail crossing on the Lakeshore East Line and that the Poplar Road rail crossing be added to the grade separation list for the Lakeshore East Line.
6. City Council consent to the binding dispute resolution process in the Master Agreement described in Attachment 2 to the report (September 9, 2020) from the Deputy City Manager, Infrastructure and Development Services to deal with disputes involving the allocation of costs between the parties in respect of City infrastructure.
7. City Council delegate to City Officials approval authority pertaining to expropriations for transit related purposes where the City is the property owner or has an interest in the property being expropriated, as outlined in Attachment 3 to the report (September 9, 2020) from the Deputy City Manager, Infrastructure and Development Services and that Appendix A of the Toronto Municipal Code Chapter 213, Real Property be amended to reflect this delegation.
8. City Council authorize the City Solicitor to submit the necessary Bill(s) to amend Toronto Municipal Code Chapter 213, Real Property, to give effect to City Council's decision.
Origin
Summary
Metrolinx's GO Expansion Program (formerly known as Regional Express Rail, or RER) is a major transportation infrastructure program that will expand the GO rail transportation network to meet the needs of a growing region. The GO Expansion Program will provide faster and more efficient trains, two-way, all-day service, an expanded Union Station, and 15-minute or better service on core portions of the GO rail network.
All seven GO corridors run through the City of Toronto. The corridors currently serve 19 stations within Toronto and converge at Union Station, providing access between various parts of the City and the Greater Toronto and Hamilton Area (GTHA) to the downtown core. As such, a significant portion of the infrastructure improvements to facilitate the Program will be made within the City of Toronto, causing impacts during and after construction to residents and businesses within the vicinity of the GO rail corridors. These impacts include work in and around Union Station, the construction of new grade separations (places where the rail network is separated from the road network or other rail lines), modifications or rehabilitation of bridges, relocation and/or replacement of portions of the City's underground infrastructure, and acquisition of City real estate assets. Attachment 1, prepared by Metrolinx, provides more information on the GO Expansion Program, including a full list of current projects in the City of Toronto.
A clear understanding and agreement between the City and Metrolinx on authorities, cost-sharing, ownership, and approvals are crucial to the implementation of the Program and to help avoid the potential for disputes and delays. Accordingly, City and Metrolinx staff have been working closely to establish principles on a range of issues in order to develop a GO Expansion Master Agreement. If approved, the GO Expansion Master Agreement between the City of Toronto and Metrolinx will define the roles and responsibilities of each party to guide the implementation of the Program while protecting City infrastructure, assets, and services. This report seeks Council authority to execute the Master Agreement with Metrolinx based on the key principles identified in this report.
This report also recommends the delegation of authority pertaining to expropriations for transit-related purposes where the City is the property owner or has an interest in the lands being expropriated. This delegated authority will enable staff to respond to the expropriation proceedings in a timely manner to protect the City's interests.
Background Information
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156541.pdf
Attachment 1 - Metrolinx update on the GO Expansion Program
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156542.pdf
Attachment 2 - GO Expansion Master Agreement Dispute Resolution Terms
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156543.pdf
Attachment 3 - Delegation of Authority for Expropriation Matters
https://www.toronto.ca/legdocs/mmis/2020/ex/bgrd/backgroundfile-156544.pdf
Speakers
Motions
That City Council authorize the Deputy City Manager, Infrastructure and Development Services or designate to request Metrolinx to provide an update and timelines on the closure of Poplar Road at the rail crossing on the Lakeshore East Line and that the Poplar Road rail crossing be added to the grade separation list for the Lakeshore East Line.