Board Meeting - April 14, 2022

• Jaye Robinson (Chair)
  
• Joanne De Laurentiis (Vice-Chair)
  
• Brad Bradford
  
• Shelley Carroll
  
• Fenton Jagdeo
  
• Cynthia Lai
  
• Ron Lalonde
  
• Jennifer McKelvie
  
• Denzil Minnan-Wong
  
• Julie Osborne

Item 1. Chief Executive Officer’s Report – April 2022 (For Information)

• Staff report for Item 1
• Presentation for Item 1
• Decision for Item 1

Item 2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for December 16, 2021, January 27 and February 24, 2022 (For Information)

• Staff report for Item 2
• Decision for Item 2 

Item 3. TTC Collective Bargaining and Non-Union Salary Updates (This report contains information about labour relations or employee negotiations) (For Action) – Deferred from February 10, 2022

• Staff report for Item 3
• Decision for Item 3

Item 4. Digital Connectivity Strategy (This report contains information about a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the City or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization) (For Action)

• Staff report for Item 4
• Decision for Item 4

Item 5. Amendment to TTC’s Advertising Contract (This report contains information about a position, plan, procedure, criteria or instruction to be applied to any negotiations carried on or to be carried on by or on behalf of the City or local board) (For Action)

• Staff report for Item 5
• Presentation for Item 5
• Decision for Item 5

Item 6. Toronto Transit Commission Cybersecurity Audit Phase 1: Critical IT Assets and User Access Management (This report contains information related to the security of the property of the municipality or local board) (For Action)

• Staff report for Item 6
• Decision for Item 6

Item 7. 1 Yorkdale Road – Office Space Lease (This report is about a proposed or pending land acquisition or disposition of land for municipal or local board purposes) (For Action)

• Staff report for Item 7
• Decision for Item 7

Item 8. Line 3 Bus Replacement Study Final Recommendations (For Action)

• Staff report for Item 8
• Presentation for Item 8
• Correspondence Submitted by: Councillor Paul W. Ainslie and Shelagh Pizey-Allen
• Correspondence received from Cycle Toronto
• Decision for Item 8

Item 9. 1 Line 5 Eglinton – Train Operating and Funding Agreement (For Action)

• Staff report for Item 9
• Decision for Item 9

Item 10. TTC’s Green Bus Program: Final Results of TTC’s Head-to-Head eBus Evaluation (For Action)

• Staff report for Item 10
• Presentation for Item 10
• Decision for Item 10

Item 11. Timed Item: 10 a.m. - Diversity and Culture 2021 Annual Report (For Action)

• Staff report for Item 11
• Decision for Item 11

Item 12. TTC Special Constable Service 2021 Annual Report (For Action)

• Staff report for Item 12
• Decision for Item 12

Item 13. Making Museum Station Accessible, Second Exit/Entrance and Structural Rehabilitation (For Action)

• Staff report for Item 13
• Decision for Item 13

Item 14. Making High Park Station Accessible (For Action)

• Staff report for Item 14
• Decision for Item 14

Item 15. Financial and Major Projects Update for the Period Ended December 31, 2021 (For Information)

• Staff report for Item 15
• Decision for Item 15

Item 16. City Council Transmittal – MM41.4 – Conversion of Toronto Transit Commission Roe Bus Loop into Much Needed Park – by Councillor Mike Colle, seconded by Councillor John Filion

• Staff report for Item 16
• Decision for Item 16

Item 17. Notice of Motion – Working Together to Address Transit Worker Assaults – by Chair Jaye Robinson, seconded by Commissioner Jennifer McKelvie

• Staff report for Item 17
• Decision for Item 17

Supplementary Agenda

Item 18. Update on Delegated Authority to Award Future Easier Access III Contracts

• Staff report for Item 18
• Decision for Item 18

J. Robinson (Chair), J. De Laurentiis (Vice-Chair), B. Bradford, S. Carroll, F. Jagdeo, C. Lai, R. Lalonde, J. McKelvie, D. Minnan-Wong, J. Osborne (Commissioners), R. Leary (Chief Executive Officer), M. Atlas (General Counsel), K. Campbell (Chief Diversity & Culture Officer), G. Downie (Chief Capital Officer), S. Haskill (Chief Strategy and Customer Officer - Acting), B. Hasserjian (Chief Safety Officer - Acting), J. La Vita (Interim Chief Financial Officer), M. Madigan-Lee (Chief People Officer), F. Monaco (Chief of Infrastructure and Engineering), N. Poole-Moffatt (Chief of Corporate Affairs), J. Ross (Chief Operating Officer), J. Taylor (Chief of Staff), K. Watson (Deputy Chief Executive Officer), R. Wong (Chief Vehicles Officer), M. Cernik (Director - Office and Operational Space), S. Green (Senior Communications Specialist - Media & Issues Management), V. Guzzo (Director - Property), P. Kraft (Head of Property, Planning and Development), K. Thorburn (Head - Corporate Initiatives), C. Finnerty (Director - Commission Services), J. Ishak (Co-ordinator - Secretariat Services) and S. Parmar (Administrator - Secretariat Services) were present

R. Glenn, V. Gupta, J. Kowalski (CreateTO), A. Folosea, P. Matozzo (City of Toronto – Corporate Real Estate Management), T. Khan (Mayor’s Office) and R. Van Fraassen (Chair Robinson’s Office) were also present.

J. Robinson was in the Chair.

J. Robinson (Chair), B. Bradford, S. Carroll, J. De Laurentiis, F. Jagdeo, C. Lai, R. Lalonde, J. McKelvie, D. Minnan-Wong, J. Osborne (Commissioners), R. Leary (Chief Executive Officer), M. Atlas (General Counsel), K. Campbell (Chief Diversity & Culture Officer), G. Downie (Chief Capital Officer), S. Haskill (Chief Strategy and Customer Officer – Acting), B. Hasserjian (Chief Safety Officer - Acting), J. La Vita (Interim Chief Financial Officer), M. Madigan-Lee (Chief People Officer), F. Monaco (Chief of Infrastructure and Engineering), N. Poole-Moffatt (Chief of Corporate Affairs), J. Ross (Chief Operating Officer), J. Taylor (Chief of Staff), K. Watson (Deputy Chief Executive Officer), R. Wong (Chief Vehicles Officer), A. Cassar (Director - Budgets, Costing and Financial Reporting), M. Cernik (Director – Office and Operational Space), S. Green (Senior Communications Specialist – Media & Issues Management), V. Guzzo ( Director - Property), P. Kraft (Head of Property, Planning and Development), K. Thorburn (Head - Corporate Initiatives), C. Finnerty (Director – Commission Services), J. Ishak (Co-ordinator – Secretariat Services) and S. Parmar (Administrator - Secretariat Services) were present.

R. Glenn, V. Gupta, J. Kowalski (CreateTO), A. Folosea, P. Matozzo (City of Toronto – Corporate Real Estate Management), T. Khan (Mayor’s Office) and R. Van Fraassen (Chair Robinson’s Office) were also present.

J. Robinson was in the Chair until 12:20 p.m.

J. De Laurentiis assumed the Chair from 12:20 to 1 p.m.

Chair Robinson assumed the Chair from 1 p.m. to adjournment.

Chair Robinson moved the following motion:

That the Board recess as the Committee of the Whole to consider a report about a proposed or pending acquisition or disposition of land for municipal or local board purposes related to item 8 of the agenda.

The motion by Chair Robinson carried.

Item No. 8. Line 3 Bus Replacement Study Final Recommendations

Tima Shah
Cindy Dzib
Ian Male
Sugar Sugar
Rimsha Rahman
Thai Dillon Higashihara
Kashi Chandrasegar
Sarah Abdillahi

The Board received the deputations for information. (See Item No. 8 for minute)

Item No. 10. TTC’s Green Bus Program: Final Results of TTC’s Head-to-Head eBus Evaluation

Alan Yule

The Board received the deputation for information. (See Item No. 10 for minute)

Item No. 12. TTC Special Constable Service 2021 Annual Report

James Lambert
Desmond Cole
Merima Menzildzic
Joanna Aitcheson
Vic Wojciechowska
Matthew Higginson
Natalie Castellino
Sarah Dawson
Koubra Haggar
Laura Katz
Rubaiat Hye
Becky Katz

The Board received the deputations for information. (See Item No. 12 for minute)

Item No. 17. Notice of Motion – Working Together to Address Transit Worker Assaults – by Chair Jaye Robinson, seconded by Commissioner Jennifer McKelvie
Marvin Alfred

The Board received the deputation for information. (See Item No. 17 for minute)

1. Chief Executive Officer’s Report – April 2022

R. Leary, Chief Executive Officer, delivered a verbal presentation on this item.

Commissioner Bradford moved receipt of the Chief Executive Officer’s Report – April 2022 for information.

The motion by Commissioner Bradford carried.

Received

2. Approved Minutes of the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for December 16, 2021, January 27 and February 24, 2022

ACAT Chair Jonathan Marriott introduced this item.

Commissioner Carroll moved receipt of the approved minutes from the Advisory Committee on Accessible Transit (ACAT) General Monthly Meeting for December 16, 2021, January 27 and February 24, 2022

The motion by Commissioner Carroll carried.

Received

3. TTC Collective Bargaining and Non-Union Salary Updates

Chair Robinson moved the following motion:

That recommendation 2 be replaced with the following:

2. Authorize the CEO to apply compensation increases to levels 1 – 15 for 2022, consistent with the City of Toronto’s compensation for management/non-union staff that comprises both Cost of Living Adjustment (CoLA) and pay for performance effective January 1; and
3. As part of the report back on the development of a pay for performance program for TTC, direct staff to include an executive performance program for levels 16 - 18 and report back by Q1, 2023.

And amend staff recommendation 3 to read as follows:

4. Adopt the action taken in-camera, noting that the information is to remain confidential as it relates to labour relations or employee negotiations.

The motion by Chair Robinson carried.

Chair Robinson moved the staff recommendations, as amended, as follows:

It is recommended that the TTC Board:

1. Direct staff to report back on outcomes of ongoing interest arbitrations and upcoming bargaining.
2. Authorize the CEO to apply compensation increases to levels 1 - 15 for 2022, consistent with the City of Toronto’s compensation for management/non-union staff that comprises both Cost of Living Adjustment (CoLA) and pay for performance effective January 1; and
3. As part of the report back on the development of a pay for performance program for TTC, direct staff to include an executive performance program for levels 16 - 18 and report back by Q1, 2023.
4. Adopt the action taken in-camera, noting that the information is to remain confidential as it relates to labour relations or employee negotiations.

Amended

4. Digital Connectivity Strategy

Commissioner Lai moved the recommendations as follows:

It is recommended that:

1. Endorse the principles and strategic objectives of the Digital Connectivity Strategy contained on pages 5, 6 and 7 of this report.

The motion by Commissioner Lai carried.

Approved

5. Amendment to TTC’s Advertising Contract

Commissioner Carroll moved the recommendations as follows:

It is recommended that the TTC Board:

1. Approve the recommendations as set out in Confidential Attachment – Pattison Contract Negotiations; and
2. Authorize the release of the information within the Confidential Attachment subsequent to issuance of a Contract Amendment(s).

The motion by Commissioner Carroll carried.

Approved

6. Toronto Transit Commission Cybersecurity Audit Phase 1: Critical IT Assets and User Access Management

Commissioner Lalonde moved the recommendations as follows:

The Auditor General recommends that:

1. The Toronto Transit Commission Board adopt the confidential instructions to staff in Confidential Attachment 1 to this report from the Auditor General.
2. The Toronto Transit Commission Board forward this report to City Council for information through the City's Audit Committee.
3. The Toronto Transit Commission Board direct that Confidential Attachment 1 to this report from the Auditor General be released publicly at the discretion of the Auditor General, after discussions with the appropriate Toronto Transit Commission and City Officials.

The motion by Commissioner Lalonde carried.

Approved

7. 1 Yorkdale Road – Office Space Lease

Commissioner Osborne moved the recommendations as follows:

It is recommended that the TTC Board:

1. Authorize staff to request the City of Toronto, Corporate Real Estate Management, to negotiate and enter into a new lease agreement with Yorkdale Shopping Centre Holdings Inc., on TTC’s behalf, for the use of Suite 201 at 1 Yorkdale Road, on terms and conditions summarized in this report, in a form acceptable to the TTC’s General Counsel; and
2. Approve the confidential recommendation attached in Confidential Attachment 1; and authorize its public release when the new lease for 1 Yorkdale Road is executed.

The motion by Commissioner Osborne carried.

Approved

8. Line 3 Bus Replacement Study Final Recommendations

S. Haskill, Chief Strategy & Customer Officer (Acting) introduced the item. E. Chu, Head of Project Development and Planning delivered a presentation on this item.

Commissioner Carroll moved the following motion:

That TTC staff report back to the Board in July 2022 with an update on the progress of negotiations to fund the service replacement costs of the Line 3 project. The report should include a confidential attachment should legal opinion be required.

The motion by Commissioner Carroll carried.

Chair Robinson moved the recommendations, as amended, as follows:

It is recommended that the TTC Board:

1. Approve the replacement of Line 3 train service with an express bus service in Q4 2023;
2. Approve the conversion of the Line 3 right-of-way between Kennedy Station and Ellesmere Station to a bus roadway, with stops at Tara Avenue, Lawrence Avenue East, and Ellesmere Road;
3. Approve the operation of a temporary express bus service, as described in this report, until the conversion of the Line 3 right-of-way to a bus roadway is complete;
4. Report back through the 2023 budget process on the operating and capital funding required to advance the Line 3 bus replacement project;
5. Endorse the City of Toronto’s efforts to develop adaptive reuse of the Line 3 infrastructure that will not be required for continued transit service; and,
6. Forward this report to the City Manager, City of Toronto, the President and CEO, Metrolinx, and the Deputy Minister, Ministry of Transportation, for their information.
7. That TTC staff report back to the Board in July 2022 with an update on the progress of negotiations to fund the service replacement costs of the Line 3 project. The report should include a confidential attachment should legal opinion be required.

Amended

9. Line 5 Eglinton – Train Operating and Funding Agreement

Commissioner Osborne moved the recommendations as follows:

It is recommended that the TTC Board:

1. Authorize the Chief Executive Officer of the TTC to enter into and execute the Train Operating and Funding Agreement, and any other necessary agreements, which shall be consistent with the Terms contained in Attachment 1, whereby the final agreement will be subject to terms and conditions acceptable to the TTC General Counsel.

The motion by Commissioner Osborne carried.

Approved

10. TTC’s Green Bus Program: Final Results of TTC’s Head-to-Head eBus Evaluation

B. Case, Executive Director of Innovation and Sustainability delivered a presentation on this item.

Chair Robinson moved the recommendations as follows:

It is recommended that the Board:

1. Receive for information the results of the TTC’s eBus Head-to-Head Evaluation as outlined in this report; and
2. Delegate authority to the TTC Chief Executive Officer to:
   a. Enter into contribution agreement(s), where required, with government partners to receive any net new funding / financing for the TTC’s Green Bus program; and
   b. Subject to commitment of matching funds from provincial and/or federal government partners, amend existing and pending contract(s) to increase the eBus procurement quantity and associated infrastructure works in proportion to the additional funds committed.

The motion by Chair Robinson carried.

Approved

11. Diversity and Culture 2021 Annual Report

A. Huggins, Partner, Koskie Minsky LLP delivered a verbal presentation on this item.

Chair Robinson moved receipt of the Diversity and Culture 2021 Annual Report for information.

The motion by Chair Robinson carried.

Received

12. TTC Special Constable Service 2021 Annual Report

Chair Robinson moved the recommendations as follows:

It is recommended that the Board:

1. Approve the transmittal of the attached Appendix 1 – Special Constable Service

2021 Annual Report to the Toronto Police Services Board as per Section 8.9 of the Special Constable Agreement between the Toronto Police Services Board and the TTC.

The motion by Chair Robinson carried.

Received

13. Making Museum Station Accessible, Second Exit/Entrance and Structural Rehabilitation

Commissioner Jagdeo moved the recommendations as follows:

It is recommended that the Board:

1. Authorize the award of Contract U3-16, Museum Station – Second Exit/Entrance, Structural Paving Rehabilitation and Easier Access III to Duron Ontario Ltd. in the amount of $25,925,138.14, inclusive of all taxes, on the basis of lowest-priced acceptable bid.

The motion by Commissioner Jagdeo carried.

Approved

14. Making High Park Station Accessible

Commissioner Jagdeo moved the recommendations as follows:

It is recommended that the Board:

1. Authorize the award of Contract W45-7, High Park Station – Easier Access III to EllisDon Civil Limited in the amount of $18,183,195.15, inclusive of all taxes, on the basis of lowest-priced acceptable bid.

The motion by Commissioner Jagdeo carried.

Approved

15. Financial and Major Projects Update for the Period Ended December 31, 2021

Commissioner Carroll moved receipt of the Financial and Major Projects Update for the Period Ended December 31, 2021 Report for information.

The motion by Commissioner Carroll carried.

Received

16. City Council Transmittal – MM41.4 – Conversion of Toronto Transit Commission Roe Bus Loop into Much Needed Park – by Councillor Mike Colle, seconded by Councillor John Filion

Chair Robinson moved the following motion:

It is recommended that the Board:

That this matter be referred to staff to work with the local Councillor and community on non-scheduled routing and impacts that may result from the transfer of the Roe Loop property.

The motion by Chair Robinson carried.

Referred

17. Notice of Motion – Working Together to Address Transit Worker Assaults – by Chair Jaye Robinson, seconded by Commissioner Jennifer McKelvie

Chair Robinson moved the recommendations as follows:

It is recommended that the Board:

1. Request the Government of Canada to amend subsection 269.01 of the Criminal Code to include all transit workers in these provisions, not just operators.
2. Direct TTC staff to coordinate a table with representatives from all three levels of government to work with ATU Local 113 on a national framework aimed at eliminating transit worker assaults.
3. Request TTC staff to explore options, in consultation with ATU Local 113, to continue to raise public awareness of transit worker safety and respect for TTC employees, as soon as possible.

The motion by Chair Robinson carried.

Approved

18. Update on Delegated Authority to Award Future Easier Access III Contracts

Commissioner Lai moved the recommendations as follows:

It is recommended that the Board:

1. Revise the delegated authority to the TTC Chief Executive Officer to award future Easier Access III construction contracts provided the contract award values are within the latest TTC Construction Estimate.
2. Authorize that the information in the confidential attachment remain confidential until such time as the Easier Access III construction contracts are awarded.

The motion by Commissioner Lai carried

Approved

The meeting adjourned at 4:49 p.m.