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City Council
December 5, 2018
What was decided (22 motions)
17 carried, 5 recorded otherwise. Every motion below is printed as the minutes print it.
That the report from the City Clerk and Solicitor entitled “ 2018-2022 Council Governance Review” be received and considered; and That the Rules of Procedure be suspended to receive and table the report from the General Manager, Emergency and Protective Services entitled “ Report on Ontario Cannabis Legislation, Cannabis Retail Stores, and Response to Council Direction of August 29 , 2018”, as this report will be considered by Council at its Special Meeting on Thursday, December 13 2018.
Moved by Councillor S. Blais, seconded by Councillor T. Nussbaum
Carried
WHEREAS the Community and Protective Services Committee (CPSC) is responsible for “operational/administrative” aspects of housing, such as matters related to existing social housing programs, supportive housing and homelessness programs, and emergency shelter and transitional housing services; and WHEREAS the Planning Committee has been responsible for “capital” aspects of housing since Council’s approval on December 8, 2010, of Motion No. 1/7, which provided that the Terms of Reference for the Planning Committee would “reflect the responsibility for the City’s Affordable Housing Strategy and all related housing policy initiatives”; and WHEREAS the Standing Committee structure recommended in the 2018-2022 Council Governance Review report would provide that responsibilities for housing issues would continue to be divided between CPSC and the Planning Committee; and WHEREAS “operational/administrative” and “capital” housing issues have a direct impact on each other, and a comprehensive review of the 10-year Housing and Homelessness Plan is due in 2019 and should incorporate the entire housing portfolio; and WHEREAS having one Standing Committee be responsible for all housing issues would provide for less confusion and allow Committee members to have a thorough understanding of the entire housing portfolio; and WHEREAS the Planning Committee has the heaviest workload among Standing Committees, as noted in the 2018-2022 Governance Review report, and CPSC may have more capacity fo
Moved by Councillor J. Leiper, seconded by Councillor K. Egli
Lost
WHEREAS during the recent municipal election many residents voiced concern over OC Transpo operations, in particular proposed changes to OC Transpo bus routes and schedules in anticipation of the opening of the Confederation LRT Line; WHEREAS all of City Council is responsible for the operation of OC Transpo, its public transit provider, for which Ottawa residents contributed $285 Million in taxes in 2018; THEREFORE BE IT RESOLVED THAT THE Terms of reference of the Transit Commission be amended so that operational issues as the Fall Transit Services Schedule, the Winter Transit Service Schedule and the Summer Transit Service Schedule be considered at the Transit Commission and recommended to City Council for approval.
Moved by Councillor T. Kavanagh, seconded by Councillor R. Chiarelli
Withdrawn
WHEREAS the City of Ottawa currently has five Advisory Committees responsible for providing advice to Council policy, programs and service delivery in the areas of Accessibility, Environmental Stewardship, French Language Services, Planning, and Arts, Culture and Recreation; and WHEREAS on September 12, 2012, City Council approved the report titled, “Advisory Committee Renewal to Support Council’s Term of Council Priorities,” which reduced the number of Advisory Committees from 15 to five and better aligned them with both Standing Committees and Council priorities; and WHEREAS the 2018-2022 Council Governance Review report notes that Advisory Committees encountered different degrees of success and sources of frustration during the 2014-2018 Term of Council; and WHEREAS some specific issues encountered by Advisory Committees during the 2014-2018 Term of Council included members resigning before the end of their mandates because they did not believe they were heard; barriers to participation at meetings; concerns that the current system does not adequately engage residents; and that Advisory Committees receive reports too late in the process to be able to provide meaningful feedback; and WHEREAS the Office of the City Clerk and Solicitor has been piloting a new process with the Accessibility Advisory Committee to provide departmental staff with additional guidance on timelines and formats for bringing forward items to the Advisory Committee, and the requirements for reporting o
Moved by Councillor M. Fleury, seconded by Councillor R. Chiarelli
Carried
C.A. Meehan WHEREAS Standing Committees of Council are mandated to deliberate on the parts of the draft budget for which they have responsibility, including by hearing from public delegates; and WHEREAS it is critical that Standing Committees have the opportunity to recommend changes to the draft budget taking into account their own deliberation and the public input they receive; and WHEREAS the past practice of Council has not allowed Standing Committees to recommend increases to their respective draft budgets unless corresponding offsets were identified; and WHEREAS Members of Standing Committees are not necessarily best placed to determine how best to finance recommended budget pressures – whether through offsets elsewhere in the draft budget, use of reserves or revenue generation; and WHEREAS the Committee of the Whole, with appropriate analysis from city staff, is the appropriate body to consider recommendations from Standing Committees on any identified budget pressures; WHEREAS Part I, Section C, Recommendation 1 of the 2018-2022 Council Governance Review report recommends that City Council approve the 2019-2022 Tax- and Rate-Supported budget process, as outlined in the report; and WHEREAS the recommended process for the 2019-2022 tax-supported budgets is outlined in the report by way of a bulleted list of 11 steps on Pages 67 and 68; THEREFORE BE IT RESOLVED t hat the following subsection of the Budget Process set out in Pages 67 and 68 of the 2018-2022 Council Govern
Moved by Councillor T. Nussbaum
Lost
WHEREAS Committee Chairs are tasked with a Council approved leadership role that provides them with an opportunity to build relationships with stakeholders and community partners; and WHEREAS Committee Chairs have a clear understanding of the requirements and pressures facing the departments under their specific Standing Committee mandate; and WHEREAS Part I, Section C, Recommendation 1 of the 2018-2022 Council Governance Review recommends that City Council approve the 2018-2022 Tax and Rate-Supported budget process, as outlined in the report; and WHEREAS the recommended process for the 2018-2022 tax-supported budgets is outlined in the report by way of a bulleted list of 11 steps, and the fifth bullet in the recommended process states: “The City Manager will be directed to work with the Mayor’s office to develop draft annual budgets that are consistent with Council’s approved budget direction. The draft budgets will also identify any onetime issues and recommend any additional strategies that may be required to achieve Council’s direction”; and WHEREAS the recommended process for the 2018-2022 tax-supported budgets does not specifically provide Committee Chairs with a formal opportunity to give valuable and direct input in developing the draft annual budget for the departments under their mandate; THEREFORE BE IT RESOLVED that the fifth bullet in the recommended process for the 2018-2022 tax-supported budgets as outlined on page 67 and 68 in the 2018-2022 Council Governance
Moved by Councillor D. Deans, seconded by Councillor S. Blais
Carried
WHEREAS Part I, Section C, Recommendation 1 of the 2018-2022 Council Governance Review report recommends that City Council approve the 2019-2022 Tax- and Rate-Supported budget process, as outlined in the report; and WHEREAS the recommended process for the 2019-2022 tax-supported budgets is outlined in the report by way of a bulleted list of 11 steps, and the fifth bullet in the recommended process states: “The City Manager will be directed to work with the Mayor’s Office to develop draft annual budgets that are consistent with Council’s approved budget direction. The draft budgets will also identify any one-time issues and recommend any additional strategies that may be required to achieve Council’s direction”; and WHEREAS the recommended process for the 2019-2022 tax-supported budgets does not specifically provide Members of Council with a formal opportunity to give direct individual input to the Mayor’s Office before the Mayor’s Office works with the City Manager to develop the draft annual budgets, even if that is the intent; and WHEREAS, for the 2015-2018 tax-supported budget process, Council approved a motion in December 2014 to expressly provide that the Mayor would consult with each Member of Council regarding the Member’s individual budget priorities and concerns before the Mayor’s Office worked with the City Manager to develop draft annual budgets; THEREFORE BE IT RESOLVED that the recommended process for the 2019-2022 tax-supported budgets as outlined on pages 67 an
Moved by Councillor R. Chiarelli, seconded by Councillor T. Kavanagh
Carried
WHEREAS Business Improvement Areas (BIAs) are local boards established by the City of Ottawa to oversee the improvement and promotion of their area, pursuant to Section 204 of the Municipal Act, 2001 ; and WHEREAS each local Ward Councillor is appointed by the City as an ex-officio member of the BIA board in their ward pursuant to Subsection 204(2)(a) of the Municipal Act, 2001 ; and WHEREAS BIA boards are required to prepare a proposed budget for each fiscal year for approval by Council which is collected by the City pursuant to Section 208 of the Municipal Act, 2001 by charging an annual BIA levy upon the property of all BIA members in the designated area; and WHEREAS in each year, the City holds the BIA budgets collected for each BIA and assists BIA boards in the financial management of their budgets, including processing invoices and maintaining their books of accounts, as a service to the BIAs; THEREFORE BE IT RESOLVED that staff from Corporate Services and Planning Infrastructure and Economic Development work with BIAs at the next meeting of the Ottawa Council of Business Improvement Areas (OCOBIA) to review best practices for financial management and reporting to the Board; and BE IT FURTHER RESOLVED THAT this work include exploring alternative governance and financial management models and best practices that may respond to the individual needs of BIAs.
Moved by Councillor M. Fleury, seconded by Councillor E. El-Chantiry
Carried
That the Brockington/ Leiper Motion (Motion NO 1/10) be amended to add the following: BE IT FURTHER RESOLVED that the following language be removed from the report (Page 90): “Furthermore, to avoid potential conflicts of interest, it would be preferable that Members of Council appointed to the Board not be members of Planning Committee nor from wards that contain significant parcels of land to be handled by the OCLDC.”
Moved by Councillor J. Harder, seconded by Councillor R. Chiarelli
Carried
C. McKenney WHEREAS the Ontario Health Protection and Promotion Act and By-law No. 2011-38 (being a by-law of the City of Ottawa to establish the size of the Board of Health for the City of Ottawa Health Unit) prevent members of the Board of Health from continuing to serve past the expiration of the Term of Council; and WHEREAS although the appointment of Members of Council to serve on the Board of Health for the 2018-2022 Term of Council will be finalized relatively quickly through the Nominating Committee process, the selection and appointment process for citizen members to serve on the Board for the 2018-2022 term is not expected to be finalized until early 2019; and WHEREAS, in order to ensure that the City of Ottawa continues to have a fully-appointed and functioning Board of Health that is able to address any urgent requirements, staff is recommending the interim appointment of the 2014-2018 Board’s citizen members who have expressed a willingness to continue to serve pending the outcome of the public recruitment process; and WHEREAS, despite any interim appointments approved by Council, all citizen members wishing to seek reappointment to the Board of Health for the full 2018-2022 Term must apply and be subject to the same selection process as all other citizen candidates seeking to be appointed to the Board, in accordance with the Council-approved Appointment Policy; THEREFORE BE IT RESOLVED that City Council approve the interim appointment of the current citizen Memb
Moved by Councillor M. Fleury
Carried
WHEREAS Subsection 81(10) of the Procedure By-law provides that seven calendar days’ notice of a regular Committee/Commission meeting shall be given to the Members of a Committee/Commission and an agenda shall be provided to the Members seven calendar days in advance of the meeting; and WHEREAS regular Committee/Commission meeting agendas and agenda documents are also made available to members of the public on ottawa.ca seven calendar days in advance of the meeting ; and WHEREAS increasing the amount of time that regular Committee/Commission meeting agendas and agenda documents, including staff reports, are in the public domain would provide for increased transparency and community engagement; and WHEREAS having Committee/Commission meeting agendas and materials issued seven business days in advance of a meeting would generally result in the Members of Council and the public having access to those documents nine or 10 calendar days ahead of the meeting, and would account for any timing issues that may arise from a statutory holiday falling between the agenda distribution and the meeting; THEREFORE BE IT RESOLVED that Subsection 81(10) of the Procedure By-law be amended to provide that seven business days’ notice of a regular Committee/Commission meeting shall be given to the Members of a Committee/Commission and an agenda shall be provided to the Members seven business days in advance of the meeting; and BE IT FURTHER RESOLVED that regular Committee/Commission meeting agendas
Moved by Councillor K. Egli, seconded by Councillor M. Fleury
Carried
WHEREAS the 2018-2022 Council Governance Review report recommends the Procedure By-law be amended to provide that formal Inquiries should be submitted in writing at least 24 hours in advance of the meeting, as described on Pages 93 and 94 of the report and set out in Item 5 within Document 7; and WHEREAS a formal Inquiry is an effective means of asking staff to bring back information to an entire Committee, and the “Formal Inquiry and Motion Tracking Process” approved by City Council in 2008 provides specific processes that address standard and significant Inquiries; and WHEREAS a formal Inquiry may be submitted for a variety of reasons, including discussion that arises during a meeting, and it is not always possible to determine in advance the specific content of an Inquiry and/or whether an Inquiry will be submitted at a particular meeting; and WHEREAS, given that the recommended Procedure By-law amendment would provide a guideline and not a strict requirement for advance submission of formal Inquiries, it would not guarantee any changes with respect to Inquiry submission practices or the submission of frivolous Inquiries/Inquiries that could have been answered by staff ahead of the meeting, and therefore is not needed in formal procedures with respect to Inquiries; THEREFORE BE IT RESOLVED that Document 7 of the 2018-2022 Council Governance Review be revised to remove the proposed Procedure By-law provision that formal Inquiries should be submitted in writing at least 24 h
Moved by Councillor R. Brockington, seconded by Councillor L. Dudas
Withdrawn
WHEREAS Schedule J - Subsection 32(1) of the Delegated Authority By-law provides delegated authority to the General Manager of Planning, Infrastructure and Economic Development to enter into certain third party infrastructure agreements; and WHEREAS occasionally there are circumstances where it is advantageous both from a timing and cost perspective to have City works completed by a third party where the City would reimburse for works completed; and WHEREAS any agreements where such an arrangement could be made currently has to have Council approval which could cause delays and increase cost to the project. THEREFORE BE IT RESOLVED that Schedule “J” Subsection 32 of the Delegated Authority By-law be amended to add (4) The General Manager, Planning, Infrastructure and Economic Development, is delegated the authority to negotiate, conclude, and execute agreements with a third party to reimburse for work completed on behalf of the City provided that such agreements are consistent the departmental mandate, are within approved budgets and that (a) for a non-government party, the total value of the works to be completed on behalf of the City of Ottawa shall not exceed $1,000,000.00 and shall be established by way of a competitive procurement process; and (b) for a government party, the total value of the works to be completed on behalf of the City of Ottawa shall not exceed $5,000,000.00 and will be subject to the government party’s procurement policies.
Moved by Councillor J. Harder, seconded by Councillor K. Egli
Carried
WHEREAS the 2018-2022 Governance Review Report recommends appointing 50 percent representation of women for Advisory Committees; and WHEREAS the City of Ottawa has demonstrated a commitment to gender equity through the recommendation of the creation of Council Liaison for Women and Gender Equity as well as Council Sponsor Group; and WHEREAS other levels of government have made gender parity a priority, including the Federal Government in 2015 with the first gender-balanced cabinet; and WHEREAS the City of Ottawa should be actively looking for ways to advance gender equity at the City; and WHEREAS, for the recruitment process already underway, the Selection Panels will be responsible for recommending to Council the Citizen appointments to Commissions and Boards with a view to demonstrating the City of Ottawa’s commitment to gender equity and equal representation; THEREFORE BE IT RESOLVED that prior to the next recruitment process, the City Clerk and Solicitor, in consultation with the new Council Liaison on Women and Gender Equity, review the City’s recruitment, selection and appointment practices for Commissions and Boards with the goal of appointing 50 percent representation of women, and take into consideration diversity, where possible.
Moved by Councillor T. Kavanagh, seconded by Councillor M. Luloff
Carried
C. McKenney WHEREAS the Building Code Act, 1992 , provides that persons other than the property owner who are affected by a property standards order may be served with a copy of the order and that a copy of the order may be posted on the property in a location visible to the public; AND WHEREAS such affected persons, including a complainant to the property standards matter could potentially provide the Committee with relevant information at an appeal hearing; AND WHEREAS potential participants to an appeal may benefit from further notice in order to prepare for such a hearing; THEREFORE BE IT RESOLVED THAT By-law and Regulatory Services be directed to give public notice of all hearings of the Property Standards and License Appeals Committee on the City’s website; BE IT FURTHER RESOLVED THAT Document 15 to the Governance Report relating to the Property Standards By-law be amended by removing the text under the Column “Property Standards By-law”, Item 3, and replacing it with the following provisions: Section 99 The secretary Chief License Inspector, with the coordinator of the Committee, in receipt of the notice of appeal, shall a) determine the date, place and time of the hearing of the appeal which shall take place not less than seven (7) days and not more than thirty (30) days from the date of receipt of the aforesaid notice; and b) give notice in writing, via personal service or registered mail, of the date, place and time of the hearing
Moved by Councillor S. Menard
Referred
C. McKenney WHEREAS the 2018-2022 Council Governance Review Report recommends the creation of a Council Liaison for Women’s Issues; and WHEREAS since the original motion passed in March 2018, it is acknowledged that the title of the position, Council Liaison for Women’s Issues, does not use current or preferred language; and WHEREAS the City of Ottawa strives to use inclusive language wherever possible; THEREFORE BE IT RESOLVED THAT the language in Recommendation 1 under Part V - OTHER MATTERS in 2018-2022 Governance Review Report be amended to change the name of the Council Liaison for Women’s Issues to the new title of Council Liaison for Women and Gender Equity; and THEREFORE BE IT FURTHER RESOLVED THAT that new position title of Council Liaison for Women and Gender Equity be reflected throughout the 2018-2022 Governance Review Report wherever the previous title appeared.
Moved by Councillor D. Deans
Carried
WHEREAS Part 5 – Other Matters of the 2018-2022 Governance Review Report includes a recommendation to appoint a liaison on Housing and Homelessness that will specifically work to accelerate the 10 Year Housing and Homelessness Plan; and WHEREAS the City of Ottawa approved a 10 Year Housing and Homelessness Plan in 2014 with a goal of eliminating chronic homelessness and ensuring everyone has a safe and affordable home; and WHEREAS the 10 Year Housing and Homelessness Plan falls under the mandate of the Community and Protective Services Committee; and WHEREAS the Community and Protective Services Committee will be undertaking a midpoint review of the 10 Year Homelessness Plan during the 2018-2022 term of Council; and WHEREAS the liaison will have a leadership role in the community and with stakeholders with regards to the Housing and Homelessness portfolio; and WHEREAS it is critical that the Special Liaison have a working relationship with the Chair and have a direct reporting mechanism back to the Committee that oversees their mandate; THEREFORE BE IT RESOLVED that the Council appointed Special Liaison on Housing and Homelessness also be a member of the Community and Protective Services Committee.
Moved by Councillor D. Deans, seconded by Councillor R. Brockington
Carried
C. McKenney That Recommendation 6 in Part V-Other Matters be amended to read as follows: THEREFORE BE IT RESOLVED THAT That Council approve the establishment of a Council Sponsors Group to work with staff on the development of a City of Ottawa Gender Equity Strategy and/or a Women’s Bureau, including developing a consultation process for setting priorities and a measureable, outcome-based framework which takes a holistic, intersectional approach to policy, program and practice review, coupled with robust data collection and reporting, as described in this report , and that an additional Full-time Equivalent (FTE) be incorporated into the Draft 2019 Operating Budget in the Partner & Stakeholder Initiatives branch of the Community and Social Services Department, along with any additional funds required to support the first phase of this work, as described in this report.
Moved by Councillor D. Deans
Carried
C. McKenney WHEREAS on February 10, 2016, Council considered the report titled, “2016 Parking Services Business Plan,” and approved a recommendation directing staff to explore alternative governance models for the Municipal Parking Management Program and the potential opportunities and drawbacks of each as part of its overall update of the Municipal Parking Management Strategy (MPMS); and WHEREAS on October 3, 2018, Transportation Committee directed staff to advise Council on the scope of the framework and work plan that staff would undertake to respond to the February 2016 Council direction, as well as opportunities for Council to clarify/give further direction with respect to this matter, and, in response, staff indicated by way of a memorandum dated October 9, 2018, that there would be an opportunity for Committee and Council to provide further direction during consideration of the 2018-2022 Governance Review; and WHEREAS it has been almost three years since Council directed staff to review alternative governance models for the Municipal Parking Management Program, and current timelines as set out in the 2018-2022 Governance Review report would delay the implementation of any potential new governance model to at least 2020, as staff would wait until Fall 2019 to report back to Transportation Committee and Council with all phases of the MPMS update; and WHEREAS in order to avoid further delay in Council’s consideration of alternative parking governance models, as well as an
Moved by Councillor M. Fleury
Carried
WHEREAS, pursuant to Subsection 94(2) of the Procedure By-law, the first meeting of the Nominating Committee has been scheduled for 9:30 a.m. Tuesday, December 11, 2018 with its report rising for consideration at the City Council meeting on Wednesday, December 12, 2018; THEREFORE BE IT RESOLVED that Council approve the appointment of eight members of Council to serve as the Nominating Committee, including the Mayor as Chair, to make recommendations to Council on appointments of members of Council to Standing Committees, Sub-Committees, Boards and the Selection Panels, and other appointments as set out in the Governance Report; and BE IT FURTHER RESOLVED that the members of the Nominating Committee be: Councillor S. Moffatt Councillor E. El-Chantiry Councillor S. Blais Councillor L. Dudas Councillor J. Sudds Councillor J. Harder Councillor T. Kavanagh Mayor J. Watson
Moved by Mayor J. Watson, seconded by Councillor T. Tierney
Carried
That the report from the City Clerk and Solicitor entitled “ 2018-2022 Council Governance Review” be received and adopted as amended.
Moved by Councillor S. Blais, seconded by Councillor T. Nussbaum
Carried
That the following by-law be read and passed: To confirm the proceedings of the Council meeting of December 5, 2018.
Moved by Councillor S. Blais, seconded by Councillor T. Nussbaum