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Closed Meeting Requirements:  If the Public Works and Infrastructure Committee wants to meet in closed session (privately), a member of the Committee must make a motion to do so and give the reason why the Committee has to meet privately.(City of Toronto Act, 2006)

Notice to people writing or making presentations to the Public Works and Infrastructure Committee: The City of Toronto Act, 2006 and the City of Toronto Municipal Code authorize the City of Toronto to collect any personal information in your communication or presentation to City Council or its committees.

The City collects this information to enable it to make informed decisions on the relevant issue(s). If you are submitting letters, faxes, e-mails, presentations or other communications to the City, you should be aware that your name and the fact that you communicated with the City will become part of the public record and will appear on the City’s website. The City will also make your communication and any personal information in it – such as your postal address, telephone number or e-mail address – available to the public, unless you expressly request the City to remove it.

The City videotapes committee and community council meetings. If you make a presentation to a committee or community council, the City will be videotaping you and City staff may make the video tapes available to the public.

If you want to learn more about why and how the City collects your information, write to the City Clerk's Office, City Hall, 100 Queen Street West, Toronto ON M5H 2N2 or by calling 416-392-8032.

Declarations of Interest under the Municipal Conflict of Interest Act.

Confirmation of Minutes – March 2, 2010

Speakers/Presentations – A complete list will be distributed at the meeting

Communications/Reports 

The Executive Director, Technical Services, and the Director, Purchasing and Materials Management, recommend that:

1.         The Public Works and Infrastructure Committee grant authority to award Contract 09FS-66WP, Tender Call 214-2009 for the Ashbridges Bay Treatment Plant (ABTP), D Building Upgrade in the amount of $85,130,380.80 net of GST and HST Recoveries, to Kenaidan Contracting Ltd., having submitted the lowest bid meeting specifications in conformance with the Tender requirements.

The purpose of this report is to advise on the results of the Tender Call 214-2009 issued for the Ashbridges Bay Treatment Plant, D Building Upgrade in accordance with specifications and drawings as required by Technical Services and to request authority to award a contract to the recommended bidder.

The purpose of this report is:

a.         To explain the reasons why the City incurred additional repair costs at the location of a storm sewer failure and road collapse that happened in July 2009 on Finch Avenue West between Dufferin Street and Wilmington Avenue after incurring repair costs on permanent remedial measures following a previous road collapse in the same vicinity in 1980.

b.         To present the feasibility of sharing the costs of the remedial work with the Toronto and Region Conservation Authority.

There are no financial impacts arising from this report.

The Residual Waste Working Group (“RWWG”) Terms of Reference, approved by City Council in November 2007, require an annual status report submitted jointly with the General Manager of Solid Waste Management Services.  This annual report summarizes RWWG work and activities in 2009.

There are no immediate financial impacts arising as a result of this report.

This report is in response to a Councillor Notice of Motion related to mandating gas stations and auto service centres to recycle.  The report sets out why the City should take no action at this time in expanding recycling requirements to gas stations and auto service centres located in Toronto in light of the current Provincial review of the Waste Diversion Act, 2002.

There are no immediate financial impacts arising as a result of this report.

The General Manager, Solid Waste Management Services recommends that:

1.         City Council authorize the General Manager of Solid Waste Management Services to negotiate and execute an agreement for a formal rate with Miller Waste Systems for the collection of Waste Electrical and Electronic Equipment (WEEE) material from the multi-residential locations that receive front-end collection service on terms and conditions satisfactory to the General Manager, Solid Waste Management Services, and in a form satisfactory to the City Solicitor, provided that the prices shall not exceed the fees identified in Attachment 1 – Confidential Information, attached to the report (March 31, 2010) from the General Manager, Solid Waste Management Services.  The rate will be negotiated in approximately 12 months, at which time sufficient data on actual volumes collected and resources required will be available to facilitate negotiation of a set per tonne rate for the collection of WEEE.

2.         City Council authorize the public release of the confidential information in Attachment 1, attached to the report (March 31, 2010) from the General Manager, Solid Waste Management Services, once the appropriate agreement resulting from approval of recommendation 1 is finalized to the satisfaction of the City Solicitor.

3.         City Council direct the 3-1-1 Project Management Office, in consultation with the General Manager, Solid Waste Management Services to expedite the updates to the 3‑1‑1 system that are necessary to implement the roll-out of a Waste Electrical and Electronic Equipment (WEEE) collection service to multi-residential locations in Toronto.

The purpose of this report is to provide a summary of the results of the 2009 Municipal Hazardous or Special Waste (MHSW) and Waste Electrical and Electronic Equipment (WEEE) collection pilot in multi-residential locations and to provide information on WEEE program roll-out to all multi-residential locations in Toronto.

A Waste Diversion Ontario industry funded waste diversion program for WEEE is currently in place. Under this program, affected industry stewards are financially and operationally responsible for recycling WEEE and pay a significant portion of the cost to municipalities to collect and transfer the material. 

Ontario Electronic Stewardship (OES) is the Industry Funding Organization that oversees the stewardship program for WEEE.  Starting April 1, 2009, the City of Toronto, and other Ontario municipalities, began receiving funding from OES for Phase 1 materials, including televisions, computers, monitors and printers.  Approximately 80% of WEEE currently collected by the City is covered within Phase 1.  Funding for the remaining Phase 2 materials, which includes cell phones, radios, cameras, MP3 players and VCR and DVD players, will begin in April 2010. 

Under this stewardship program, the City does not pay for processing costs to manage the materials covered under the program.  In addition, the City receives $165 per tonne for collecting, sorting and preparing the material for transport.  OES is increasing this rate to $185-$235 per tonne depending on whether the material is collected, or received at depots or Environment Days.  It is expected that the rate for WEEE collected from multi-residential locations will be $230 per tonne.

The current contract with Miller Waste Systems Inc. does not contain a provision for WEEE collection from multi-residential locations.  As staff are currently unable to estimate the potential tonnage of WEEE waste available from all multi-residential locations serviced by the City’s front-end collection contractor, the current hourly rate for incidental work under contract 47013545 will be used to compensate the contractor for up to a year, at which time sufficient data will be available to facilitate negotiation of a set rate for WEEE material.  While the exact collection cost per tonne cannot be determined at this time, it is expected that the City’s cost to handle WEEE from multi-residential locations will be significantly higher than the $230 per tonne OES payment. 

However, these costs will be reduced by the savings realized by not collecting WEEE as part of the bulky item collection and can be accommodated within the approved 2010 Solid Waste Management Services Operating Budget. 

Future Operating Budget submissions will include costs based on previous year tonnage and set collection rates.

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

The General Manager, Transportation Services, recommends that:

1.         City Council increase the general no stopping prohibition at all times to within 15 metres on the approach side to a Pedestrian Crossover (PXO) at all PXOs located on a major or minor arterial roadway in the City of Toronto and at all PXO locations located on a local or collector roadway in the City of Toronto where signs are posted in accordance with Recommendation 2.

2.         City Council authorize the General Manager of Transportation Services to post signs to prohibit stopping at all times within 15 metres on the approach side to a Pedestrian Crossover (PXO) at any PXO located on a collector or local roadway in the City of Toronto where the General Manager of Transportation Services determines through investigation that:

a.         The 85th percentile speed of traffic approaching the PXO is equal to or greater than 50 kilometres per hour; or

b.         The 85th percentile speed of traffic approaching the PXO is less than 50 kilometres per hour and the sight line stopping distance in advance of the PXO is less than 60 metres.

3.         City Council authorize the City Solicitor, in consultation with the General Manager of Transportation Services, to prepare and submit the appropriate Bill(s) to Council to give effect thereto.

This report seeks approval from City Council to prohibit stopping within 15 metres of a “Pedestrian Crossover” (PXO), on the approach side to the crosswalk, at all pedestrian crossover locations on major and minor arterial roads to enhance operational safety, as outlined in staff reports and approved by City Council in 2006. 

City Council also is being requested to prohibit stopping within 15 metres of a PXO, on the approach side to the crosswalk at PXO locations on collector and local roads where an authorized sign is posted indicating such prohibition and delegate to the General Manager, Transportation Services, the authority to post such signs where the General Manager has determined, using the criteria outlined in this report, that the operational characteristics of the road and/or advance sight lines between motorists and pedestrians are less than satisfactory to ensure safe operation of the PXO.

The financial impact of installing signs prohibiting stopping at all times within 15 metres on the approach side to a PXO is about $200.00 per location.  This cost was included in the overall estimate of about $9,000.00 per location to enhance PXOs on all major and minor arterial roads in the City (269 locations), identified in the staff reports contained in Clause No. 2 of Works Committee Report No. 3 (2006) and Clause No. 8 of Works Committee Report No. 6 (2006), adopted respectively by City Council at its meetings of May 23, 24 and 25, 2006 and September 25, 26 and 27, 2006. 

Funding for implementing signs prohibiting stopping at all times within 15 metres on the approach side to a PXO located on a collector or local road where deemed appropriate will be available in the annual Operating Budget for Transportation Services (for signage) in 2010 and subsequent years as required.

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

The General Manager, Transportation Services recommends that:

1.         City Council delegate to the Toronto Police Services Board the authority to regulate parades on highways in the City of Toronto and to prevent the obstruction of highways during parades, including the authority to issue permits for parades.

2.         City Council direct that the Toronto Police Services Board, in carrying out its delegated authority pursuant to Recommendation 1 above, act by way of by-law and that such by-law be drafted by the Toronto Police Services Board in consultation with the General Manager of Transportation Services.

To report on the regulation of parades and to seek Council authority to delegate to the Toronto Police Services Board the authority to regulate parades and issue permits for them.  Historically, the Toronto Police Service has issued parade permits pursuant to By‑law No. 71, being a by-law "To regulate parades on highways, and for preventing the obstruction thereof during parades or public demonstrations".  The authority for By-law No. 71 was previously contained in section 235, paragraph 1 of the former Municipal Act, which paragraph authorized boards of commissioners of police to pass by-laws for the regulation of parades and processions, preventing the obstructions of highways during public processions or public demonstrations and various other matters involving traffic and use of roads.  However, when Municipal Act, 2001 came into force, repealing the old Municipal Act, it did not contain a similar authority.

There is no financial impact to the City as a result of this report.

The General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, recommend that:

1.         City Council declare the public bicycle program to be a municipal capital facility related to the provision of a transportation system and recreational facilities for City purposes and public use pursuant to Section 252 of the City of Toronto Act, 2006, and pass a by-law to authorize the entering into of an agreement for the provision of the facility, and request that the City Clerk give notice of the municipal capital facility by-law as required under the City of Toronto Act, 2006.

2.         City Council authorize staff to negotiate and finalize an agreement with Public Bike System Company (PBSC) for the supply and operation of a public bicycle program for a term of approximately ten years based on the terms and conditions as contained in the Attachment to the report (April 1, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, and including such other terms and conditions as may be satisfactory to the Deputy City Manager and Chief Financial Officer, the City Solicitor and the General Manager, Transportation Services.

3.         City Council grant authority to provide to the Public Bike System Company's financial institution a capital loan guarantee in the amount of $4,800,000.00 (inclusive of all interest costs payable by PBSC), for a ten year term commencing on November 30, 2010 until November 30, 2020, on the following conditions:

a.         In accordance with the City's Capital Loan and Line of Credit Guarantee Policy, the City shall enter into a tri-party agreement with PBSC and its financial institution, in respect of the recommended capital loan guarantee;

b.         The guarantee and all related agreements be secured in accordance with the proposed Terms of Agreement attached to the report (April 1, 2010) from the General Manager, Transportation Services, and the Deputy City Manager and Chief Financial Officer, and with any additional terms and conditions satisfactory to the City Solicitor and the Deputy City Manager and Chief Financial Officer, and that the Deputy City Manager and Chief Financial Officer be requested to negotiate appropriate and adequate safeguards, to the satisfaction of the City Solicitor;

c.         The Deputy City Manager and Chief Financial Officer be authorized to reduce the loan guarantee as the loan is paid off;

d.         PBSC provides the Deputy City Manager and Chief Financial Officer with their 2011 to 2020, inclusive, audited financial statements when they become available; and

e.         The capital loan guarantee be deemed to be in the interest of the municipality.

4.         City Council authorize the General Manager, Transportation Services to relocate and adjust bicycle station locations, where necessary, in consultation with the Toronto Parking Authority, Parks Forestry and Recreation and other affected parties.

5.         City Council direct the General Manager, Transportation Services to report to the Budget Committee in time for the 2012 Operating Budget process to include future year costs related to theft and vandalism within its operating budget targets, if necessary.

6.         City Council authorize staff to provide Public Bike System Company with reasonable access to  available means by which the public bicycle program may be promoted at locations and in media that are controlled by the City, including the City website, newsletters, bulletins, bulletin boards, direct mailings and signage.

7.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of all necessary bills.

The purpose of this report is to advise City Council on the outcome of negotiations with Public Bike System Company (PBSC), as directed by Council, to provide, install, operate and maintain a public bicycle program for Toronto.

City Council, at its meeting on August 5 and 6, 2009, authorized staff to negotiate an agreement with PBSC to implement and operate a Toronto public bicycle program “at no cost to the City.” During negotiations with PBSC, it became clear that the City would need to share the financial risk with PBSC to ensure the viability of the project. 

City staff and PBSC have negotiated the draft terms of an agreement whereby PBSC would enter into a 10-year agreement with the City to be launched May 1, 2011.  When the program is deployed, Torontonians and visitors would have access to 1,000 bicycles via 80 fully automated and conveniently located “bicycle parking stations” in the downtown area during the first year of operation with the potential to expand the system to other areas in the future.  PBSC would be responsible for the $4.8 million capital investment to manufacture and install the public bicycle infrastructure and for the operation of the program, and the estimated $1.3 million average annual operating cost. In return, the City would provide a loan guarantee to assist PBSC in securing favourable financing.  The City would be responsible for the cost of replacing the bicycles and stations due to vandalism and theft in excess of a six percent threshold.

The proposed agreement between the City and PBSC provides Toronto with a significant program which aligns well with the City's sustainable transportation and environmental objectives, with minimal cost or financial risk. The draft terms of agreement are very favourable to the City in comparison to other cities around the world with similar public bicycle programs.

The public bicycle program recommended in this report does not require a capital investment by the City; however, it does not meet the "no cost to the City" directive of City Council because it does require the City to assume some financial risk to implement the program. Public Bike System Company is prepared to assume the initial $4.8 million capital investment in the public bicycle infrastructure (bicycles and bicycle stations) and fund the estimated $1.3 million average annual operating costs through sponsorship contributions and user fee revenues. In return, Public Bike System Company has proposed that the City share the financial risk through the provision of a $4.8 million loan guarantee. Public Bike System Company has also requested that the City share in the financial risk of extraordinary loss due to theft and vandalism of the bicycles and the bicycle parking stations.

The loan guarantee would decline annually along with the declining loan principal. There would be no separate exposure for interest and the City’s liability will be capped at $4.8 million. The loan guarantee would require the City to assume the debt payments in the event that Public Bike System Company defaulted on the loan or should the City, or its agent, take over the operation.

Public Bike System Company will be responsible for the repair and replacement costs associated with theft and vandalism affecting up to six percent of the bicycles and vandalism affecting up to six percent of the parking stations in any given year. The City would assume the repair and replacement costs due to theft and vandalism in excess of the six percent threshold. By comparison, the theft and vandalism experience in the first year of operation of the Montreal public bicycle program (BIXI) was approximately one percent in 2009, therefore, this is an acceptable risk for the City to assume.

The business pro forma provided by Public Bike System Company indicates that the revenues generated by user fees and sponsorship are expected to cover the operating costs and to retire the debt on the capital over the 10-year loan period. In the event of surplus revenues, the surplus would be split 50-50 between the City and PBSC. The City’s share of surplus revenues would be directed towards the expansion of the program or debt payment, at the discretion of the General Manager, Transportation Services.

PBSC and the City will be responsible for their own legal costs associated with the finalization of the agreement and loan guarantee. The City will also be responsible for making all appropriate arrangements and obtaining all permits and authorizations, including any fees and expenses related to securing approvals for the bicycle station locations. Any Transportation Services resources required to assist PBSC in implementing the public bicycle program will be absorbed within its approved Operating Budget.

There are no financial implications of this proposal for the Transportation Services 2010 and 2011 Operating Budgets. Since it is anticipated that the public bicycle program will launch in May, 2011, the earliest date at which Transportation Services would incur potential theft and vandalism costs would be mid-2012, at the end of the first year of operations. Therefore, it is recommended that in the event of extraordinary theft and vandalism costs (over 6%) prior to 2012, these costs be absorbed within the Transportation Services budget. Otherwise, Transportation Services will submit a report to the Budget Committee in time for the 2012 Operating Budget process to include future year costs within its operating budget targets. For example, based on estimates submitted by PBSC, every percentage of irreparable vandalism and theft over the six percent threshold represents approximately $37,000 in additional costs to the City.

The Deputy City Manager and Chief Financial Officer has reviewed the audited financial statements provided by Stationnement de Montreal.  Public Bike System Company is a subsidiary of Stationnement de Montreal, and as such, it has been concluded that PBSC has adequate resources to implement and operate a public bicycle program in Toronto.

The General Manager, Transportation Services, recommends that:

1.         City Council approve the installation of bicycle lanes on the following roadways:

a.         Bay Street, from Queens Quay West to Front Street West and from Dundas Street West to College Street;

b.         Lansdowne Avenue, from Bloor Street West to Dupont Street;

c.          Rathburn Road, from Mimico Creek to Kipling Avenue;

d.          Spadina Crescent, from Spadina Avenue South to Spadina Avenue North;

e.         York Mills Road, from Scarsdale Road to Lesmill Road; and

f.           Westhumber Boulevard, from Martin Grove Road to Kipling Avenue.

2.         City Council approve the installation of bicycle lanes on Brunswick Avenue, from College Street to Bloor Street West, subject to further consultation with the community.

3.         City Council approve modifications to the existing bicycle lanes on Annette Street between Runnymede Road and Westholme Avenue, and between Beresford Avenue and Runnymede Road, to provide additional parking along the north and south sides of the street, respectively.

4.         City Council approve modifications to the existing bicycle lanes on Pharmacy Avenue, to move the start of the bicycle lanes from a point 30 metres south of Alvinston Road to Alvinston Road.

5.         City Council authorize the General Manager, Transportation Services to undertake a pilot project to install and evaluate protected bicycle lanes on University Avenue and Queens Park Crescent between Richmond Street and Wellesley Street West / Hoskin Avenue, for a period not to exceed 12 weeks between July and September, 2010, in consultation with the Ward Councillors and a Stakeholder Advisory Group established for the sole purpose of the pilot project.

6.         City Council direct the General Manager, Transportation Services to report back to the Public Works and Infrastructure Committee on the results of the evaluation of the University Avenue / Queens Park Crescent protected bicycle lane pilot project.

7.         City Council authorize the General Manager, Transportation Services to develop and implement the detailed design for the above noted bicycle lanes, including amendments to traffic and parking regulations, in consultation with the Ward Councillors.

8.         City Council authorize and direct the appropriate City officials to take the necessary action to give effect thereto, including the introduction of all necessary bills.

The Transportation Services Division's 2010 Bikeway Network Program focuses on expanding both the on-street bikeways in the downtown area and the off-street bikeway trails in the North York and Scarborough Districts. The purpose of this report is to provide an overview of the 2010 Bikeway Network Program; to obtain authority for installing several new bicycle lanes; and to make minor modifications to the existing bicycle lanes on Annette Street and Pharmacy Avenue.  In addition, Transportation Services is seeking authority to undertake a pilot project to install and evaluate protected bicycle lanes on University Avenue and Queen's Park Crescent, between Richmond Street West and Wellesley Street West / Hoskin Avenue.

The affected Ward Councillors have been consulted regarding the bicycle lanes proposed in their respective Wards.

Funds to implement the bicycle lanes, pavement markings and pilot project recommended in this report are provided within the Transportation Services Division 2010 Capital Budget in the Cycling Infrastructure Account CTP 810-05.

The Toronto Pedestrian Committee recommends to the Public Works and Infrastructure Committee that:

1.         The General Manager, Transportation Services, be requested to take those actions to enhance pedestrian safety, as soon as possible, that can be implemented within the current budget, which may include accelerating the implementation of the zebra crossings program and re-launching the "We Are All Pedestrians" public education media campaign.

2.         Whereas the Highway Traffic Act (S. 144; clause 27) states that "no pedestrian approaching a solid or flashing sign shall enter the roadway" and because the current use of the flashing ‘Don't Walk’ signal is synchronized with the onset of the countdown  it  provides less legal crossing time for pedestrians;

Therefore, be it resolved that the Toronto Pedestrian Committee request the Public Works and Infrastructure Committee to consider a request to the Province of Ontario to amend the Highway Traffic Act (S. 144; clause 27) so that, in the presence of countdown signals, a pedestrian is permitted to cross lawfully once the countdown has begun as long as they complete the crossing by the time the countdown has reached “0".

The Toronto Pedestrian Committee on February 16, 2010, considered a presentation by Mike Brady, Manager, Traffic Safety Unit, Transportation Services, regarding the Pedestrian Collision Summary Report – January 1 to March 31, 2009, and submitted recommendations to the Public Works and Infrastructure Committee.

The Toronto Pedestrian Committee recommends to the Public Works and Infrastructure Committee that:

1.         The General Manager of Transportation Services be requested:

a.         to begin studying as many pedestrian countdown intersections as possible to assess for safe crossing and report back to the Toronto Pedestrian Committee for discussion;

b.         with regard to actuated traffic signals, to report on the feasibility of  a system where pedestrian signals change automatically when the traffic signal changes the default option, and the system where the pedestrian signal does not change automatically with the traffic signal an option that is reserved for situations where there are particular circumstances that need to be considered;

c.         to report on what measures can be taken by the City to extend the time as much as possible when pedestrians can legally enter the crosswalk which do not require changes to the Highway Traffic Act; and

d.         to report on what measures can be taken by the City to extend the time as much as possible when pedestrians can legally enter the crosswalk which may require changes to the Highway Traffic Act.

2.         City Council request that the Minister of Transportation grant permission for the City of Toronto to study alternatives to the flashing hand signals and conduct pilot projects which incorporate pedestrian signal alternatives.

The Toronto Pedestrian Committee on March 2, 2010, considered a presentation by Bruce Zvaniga, Manager, Traffic Control and Safety Systems, Transportation Services, regarding traffic control signal operations and submitted recommendations to the Public Works and Infrastructure Committee.