Ottawa City Council

Agenda

Meeting #:

3

Date:

Wednesday, December 07, 2022

Time:

10:00 A.m. - 8:00 P.m.

Location:

Andrew S. Haydon Hall, 110 Laurier Avenue West, and by electronic participation

Melinda Aston, Council Coordinator,

613-580-2424 ext. 21838, [e-mail]

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1.

Call to order and moment of reflection

2.

Public notices and meeting information

Notices and meeting information are attached to the agenda and minutes, including: availability of simultaneous interpretation and accessibility accommodations; in camera meeting procedures; information items not subject to discussion; personal information disclaimer for correspondents; notices regarding minutes; and remote participation details.

Accessible formats and communication supports are available, upon request.

3.

Announcements / Ceremonial Activities

3.1

Introductory Remarks from members of the 2022-2026 Council

4.

Roll Call

5.

Declarations of Interest Including Those Originally Arising from Prior Meetings

6.

Association of Municipalities of Ontario (AMO) Communications

7.

Regrets

No regrets were filed. 

8.

Motion to Introduce Reports

• Moved by G. Gower
  Seconded by C. Kitts

  That the report from the City Clerk entitled “2022 – 2026 Council Governance Review” and the report from the Finance Services Department entitled “Proposed 2023 Budget Directions, Timeline and Consultation Process” be received and considered.

9.

City Clerk

9.1

2022-2026 Council Governance Review

ACS2022-OCC-GEN-0030 - Citywide

• REPORT RECOMMENDATION(S)

  That at its meeting of December 7, 2022, Council consider and approve the following recommendations related to the Council and Committee structure, policies, procedures and other related matters:
  

   

  PART I – COUNCIL, STANDING COMMITTEES AND RELATED MATTERS

  STANDING COMMITTEES, SUB-COMMITTEE AND TRANSIT COMMISSION

  1. Approve the following Council Committee structure for the 2022-2026 Term of Council, as described in this report, effective immediately:
     1. Agriculture and Rural Affairs Committee;
     2. Audit Committee;
     3. Community Services Committee;
     4. Debenture Committee;
     5. Emergency Preparedness and Protective Services Committee;
     6. Environment and Climate Change Committee;
     7. Finance and Economic Development Committee;
     8. Planning and Housing Committee and its associated Sub-Committee:
        1. Built Heritage Sub-Committee;
     9. Transit Commission; and
     10. Transportation Committee;
  2. Approve amendments to the Audit Committee Terms of Reference to formalize the budget approval process with respect to the Office of the Auditor General, as described in this report;
  3. Approve that, in addition to their existing authority to jointly add debenture by-laws to a Debenture Committee meeting agenda for approval, the Chief Financial Officer/Treasurer and City Manager have the authority to jointly add debenture by-laws to a City Council meeting agenda for approval provided that notice is given at least 48 hours prior to the Council meeting, as described in this report;
  4. Approve the following with respect to the Finance and Economic Development Committee, as described in this report:
     1. The membership of the Finance and Economic Development Committee; and
     2. Amendments to the Finance and Economic Development Committee’s Terms of Reference, to:
        1. Incorporate the former Information Technology (IT) Sub-Committee’s mandate with respect to IT matters; and
        2. Provide that the Committee oversee and make recommendations to Council on the implementation of the Women and Gender Equity Strategy, Reconciliation Action Plan, Anti-Racism Strategy and Corporate Diversity and Inclusion Plan;
  5. Approve amendments to the Planning and Housing Committee’s Terms of Reference to set out the Committee’s expanded mandate with respect to housing matters;
  6. Approve that annual information reports regarding heritage permits issued under delegated authority be routed from the Built Heritage Sub-Committee to Council, as described in this report;
  7. Approve the following with respect to the Transit Commission, as described in this report:
     1. The membership of the Transit Commission;
     2. Direct staff to begin the process of establishing a transit advisory body composed of public members, including at least one user of Para Transpo; and
     3. Amend the Transit Commission’s Terms of Reference to include receiving, considering and referring to Council for approval the annual compliance report from the City’s Regulatory Monitor and Compliance Officer;
  8. Approve the Council, Committee and Commission calendar and meeting locations as described in this report;
  9. Approve that Chairs and Vice-Chairs be appointed until Council considers the 2022-2026 Mid-term Governance Review report, as described in this report;
  10. Approve the Nominating Committee mandate and process as described in this report;
  11. Approve the Ward- and position-specific appointments set out in Document 2;
  12. Approve that the revised Terms of Reference for Standing Committees, the Transit Commission and the Built Heritage Sub-Committee be submitted in draft form to the respective Committees/Commission at their first meeting in 2023 for consideration and recommendation to Council for approval;
      

  OTHER COMMITTEES OF COUNCIL

  13. Approve the membership of the Committee of Revision as described in this report;
  

   

  ADVISORY COMMITTEES AND RELATED BODIES

  14. Approve the following with respect to Advisory Committees and other City of Ottawa advisory bodies, as described in this report:

  1. Direct the City Clerk to bring forward to the Finance and Economic Development Committee and Council in Q2 of 2023 a report and recommendations regarding matters relating to advisory bodies such as Advisory Committees, Council Sponsors Groups, Community Advisory Tables and the proposed new transit advisory body;
  2. That the Advisory Committees and their membership established during the 2018-2022 Term of Council shall continue on an interim basis, with the Advisory Committees meeting as required in the format outlined in this report should staff or Council have a need to consult with them on time-sensitive matters within their respective mandates, until Council considers the City Clerk’s report and recommendations with respect to advisory bodies;
  3. That despite clause (b), recruitment and appointment for the membership of the mandatory statutory Accessibility Advisory Committee shall proceed in accordance with the timelines and process of the City’s broader public recruitment process in early 2023; and
  4. The meeting schedule and reporting relationship for the Accessibility Advisory Committee;

  15. Approve the following with respect to public appointments to Advisory Committees and other bodies:

  1. Amendments to the Appointment Policy as described in this report and in Document 3; and
  2. The revised Advisory Committee Participation Expense Policy as described in this report and in Document 4;

  OTHER COUNCIL AND STANDING COMMITTEE CHANGES AND UPDATES

  16. Approve the 2023-2026 tax- and rate-supported budget process, as outlined in this report;

  17. Approve the continuation of electronic participation in hybrid Council, Standing Committee and Sub-Committee meetings, as described in this report;

  18. Receive the list of closed outstanding Inquiries from the 2018-2022 Term of Council, attached as Document 5;

  19. Approve that Council-appointed public members be required to complete the City’s mandatory training with respect to the Accessibility for Ontarians with Disabilities Act, 2005 and the Occupational Health and Safety Act, as described in this report;

  20. Approve amendments to the standard Council and Committee report template to include the mandatory and “mandatory if applicable” Implications sections described in this report; and

  21. Approve that City Council meeting and voting records shall be made available through the City of Ottawa open data catalogue, as described in this report;

• PART II – ACCOUNTABILITY AND TRANSPARENCY

  1. Receive the 2022 Annual Report of the Integrity Commissioner, attached as Document 6;
  2.  Approve amendments to the Code of Conduct for Members of Council [By-law No. 2018-400], the Code of Conduct for Members of Local Boards [By-law No. 2018-399], and the Code of Conduct for Citizen Members of the Built Heritage Sub-Committee [By-law No. 2018-401] as described in this report and in Documents 7 to 9;
  3. Approve amendments to the Community, Fundraising and Special Events Policy as described in this report and in Document 10;
  4. Approve amendments to the Lobbyist Registry By-law [By-law No. 2012-309] as described in this report and in Document 11, including the Complaint Protocol attached as Document 12; and
  5. Approve that memoranda issued to Council by the Senior Leadership Team and Associate General Managers shall be posted to ottawa.ca, as described in this report;
• PART III – LOCAL BOARDS

  1. Receive the updated listing of local boards in Document 13 and the status report on the compliance of local boards with respect to their Municipal Act, 2001 policy requirements, as described in this report;
  2. Approve the interim appointment of the current public members on the Board of Health pending finalization of the selection process for the appointment of public members for the full 2022-2026 Term of Council;
  3. Approve that the Chairs of the Ottawa Board of Health and the Ottawa Police Services Board each be provided with a half Full-time Equivalent (FTE) position to support their roles, to be funded by existing resources, as described in this report;
  4. Approve the following with respect to the Ottawa Investment Board:
     1. Receive the update on the Ottawa Investment Board; and 
     2. Delegate the authority to appoint the members of the Ottawa Investment Board to the Selection Panel as described in this report; and
  5. Direct staff to bring forward to the Planning and Housing Committee and Council in Q2 of 2023 a report and recommendations that will provide for the Ottawa Community Lands Development Corporation to focus on identifying and delivering surplus land and development opportunities for new affordable housing projects, as described in this report;
• PART IV – AMENDMENTS TO VARIOUS BY-LAWS, POLICIES AND RELATED MATTERS

  1. Approve amendments to the Auditor General By-law as described in this report;
  2. Approve amendments to the Delegation of Authority By-law as described in this report and in Document 14;
  3. Approve amendments to the Procedure By-law as described in this report and in Document 15;
  4. Approve amendments to the Procurement By-law as described in this report;
  5. Approve amendments to the Accountability and Transparency Policy as described in this report and in Document 16;
  6. Approve amendments to the Council-Staff Relations Policy as described in this report and in Document 17;
  7. Approve amendments to the Council Expense Policy as described in this report and in Document 18;
  8. Approve amendments to the Delegation of Powers Policy as described in this report and in Document 19;
  9. Receive information regarding the approach the City Clerk will take to amend the Records Management Policy and associated policies, procedures and practices further to the Ottawa Light Rail Transit Public Inquiry;
  10. Approve amendments to the Routine Disclosure and Active Dissemination Policy as described in this report and in Document 20; and
  11. Approve amendments to the Statutory Officer Recruitment, Appointment and Contract Administration Policy and Procedures as described in this report and in Documents 21 and 22;
• PART V – OTHER MATTERS

  1. Approve the following with respect to the appointment of Deputy Mayors for the 2022-2026 Term of Council:
     1. That Deputy Mayors be appointed in accordance with a rotation list composed of all Members of Council, as described in this report; and
     2. That the City Clerk be delegated the authority to amend the rotation list, with the concurrence of the Mayor and the impacted Members of Council, by placing an amending by-law directly on a Council agenda, as described in this report;
  2. Approve that the following Council Liaison positions be established for the 2022-2026 Term of Council, as described in this report:
     1. Council Liaison for Anti-Racism and Ethnocultural Relations Initiatives;
     2. Council Liaison for Veteran and Military Issues;
     3. Council Liaison for Women and Gender Equity; and
     4. Council Liaison for the Anishinabe Algonquin Nation Civic Cultural Protocol and Implementation Plan;
  3. Approve voluntary home/personal security measures for Members of Council, to be funded through existing funds in the Council Administration Budget, as described in this report;
  4. Receive the 2018-2022 Term of Council’s recommendation with respect to reviews of ward populations and growth numbers; 
  5. Approve the updated Councillors’ Office Manual attached as Document 23; 
  6. Approve in principle the Full-time Equivalent (FTE) position for Council Support Services to support human resources-related matters for elected officials’ offices, to be funded by existing resources, as described in this report;
  7. Approve that transit-related matters referred to the 2022-2026 Governance Review process by the 2018-2022 Term of Council be considered at the first meeting of the Transit Commission for the 2022-2026 Term of Council, as described in this report; and
  8. Approve that the City Clerk be delegated the authority to implement changes to all related processes, procedures, policies and Terms of Reference, and to bring forward by-laws as required to implement Council’s decisions further to the approval of this report and to reflect the current organizational alignment.

10.

Finance Services Department

10.1

Proposed 2023 Budget Directions, Timeline and Consultation Process

ACS2022-FSD-FSP-0015 - City wide

• Report Recommendations

  That Council approve the following:

  1. The approach and timetable for consultation and consideration of the 2023 budget as outlined in the report.
  2. The following directions for developing the draft 2023 budget:
     1. That the municipal tax increase be set between 2 and 2.5 per cent overall inclusive of the following:
        1. The city-wide tax levy, which includes funding for Library and Public Heath be increased by 2 to 2.5 percent for 2023 and that Council request that the Library and Public Health Boards develop their draft budgets based on the pro rata share of this tax increase;
        2. The Police Services levy be increased by 2 to 2.5 percent and that Council request that the Police Services Board develop their draft budget based on this tax increase;
        3. That the Transit levy be increased by 2 to 2.5 percent and that Council request that the Transit Commission develop their draft budget based on this tax increase.
     2. That the assessment growth taxation revenues generated from new properties be estimated at 2.2 per cent of the current taxation for 2023 and that Council request that the Library, Public Health, Police Services Boards and the Transit Commission develop their budgets within this allocation.
     3. That City user fees and charges increase in accordance with the direction outlined in the Fiscal Framework or the Long Range Financial Plans.
     4. That the Garbage Fee be increased in accordance with the approved Solid Waste Residential Collections Contracts report and to address the capital investments required for this service per the four-year capital spending plan.
     5. That the draft 2023 Capital Budget be developed in accordance with the direction outlined in the 2019 Development Charge (DC) Background Study, Long Range Financial Plans and Fiscal Framework.
     6. That the draft 2023 rate supported budget be developed in accordance with the approved 2017 Long Range Financial Plan V - Water, Wastewater and Stormwater.

11.

In Camera Items

12.

Motion to Adopt Reports

• Moved by G. Gower
  Seconded by C. Kitts

  That report from the City Clerk entitled “2022 – 2026 Council Governance Review” and the report from the Finance Services Department entitled “Proposed 2023 Budget Directions, Timeline and Consultation Process” be received and adopted as amended.

13.

Motions of Which Notice Has Been Previously Given

13.1

Councillor C. Curry

• Moved by C. Curry
  Seconded by A. Hubley

  WHEREAS the Police Services Act requires City Council to appoint two Members of Council to the Ottawa Police Services Board (in addition to the Mayor), as well as a third appointee who is neither a Member of Council nor an employee of the municipality (the “Public Member”); and 

  WHEREAS the Police Services Act requires the Ottawa Police Services Board to annually elect a Chair from among its Membership; and

  WHEREAS the position of Chair of the Police Services Board is one of significant responsibility, requiring a substantial personal commitment of time and resources;

  WHEREAS as part of 2018-2022 Mid-Term Governance Review, Council approved funding for a budget credit equivalent to approximately ½ FTE to support the Chair of the Police Services Board, should a Member of Council be elected as Chair; and

  WHEREAS the City of Ottawa has historically provided an honorarium to the Public Member of the Police Services Board in the amount of $12,000, where the Public Member is elected as the Chair of the Police Services Board; and

   WHEREAS the City of Toronto and other large municipalities across Ontario provide for the Chair of their respective police services boards, a higher level of renumeration that is commensurate with the complexity and time requirements of the position;

  WHEREAS the Office of the City Clerk is currently undertaking a recruitment process for public members to be appointed by Council to the City of Ottawa’s Boards, Committees and Agencies, including the Public Member of the Police Services Board;

  WHEREAS the Community Safety and Policing Act, 2019 – which has been passed but not yet declared in force and is intended to replace the Police Services Act – will require City Council, when appointing or reappointing a member to the police service board, to consider the following:

  • the need to ensure that the police service board is representative of the area it serves, having regard for the diversity of the population in the area;
  • the need for the police service board to have members with the prescribed competencies, if any; 
  • any applicable diversity plan ; and

  WHEREAS the Community Safety and Policing Act, 2019, when it comes into force, will also require City Council to “consider the results of a potential appointee’s police record check that was prepared within the past 12 months before appointing him or her as a member of a police service board"; and

  WHEREAS the future requirements of the Community Safety and Policing Act, 2019, may help to inform the recruitment process for the Public Member of the Ottawa Police Services Board; and

  WHEREAS a Selection Panel of Members of Council, appointed through the Nominating Committee process, will be responsible for reviewing applications for the public member position and making recommendations to Council;  

  THEREFORE BE IT RESOLVED that Council approve an increase in the honorarium for a Public Member of the Ottawa Police Services Board who is elected as Chair to $54,000, to be funded from the existing honorarium and the Council Administration budget credit that would otherwise go to the Constituency Services Budget of a Member of Council who is elected as Chair of the Board; and

  BE IT FURTHER RESOLVED that Council direct the Office of the City Clerk to revise the recruitment process and advertisements for the Ottawa Police Services Board Public Member to reflect that Council may recommend to the Board that this Public Member be appointed as Chair, and that the candidate recommended for appointment may be required to undertake a Police Records Check; and

  BE IT FURTHER RESOLVED that the Selection Panel for the Ottawa Police Services Board be directed to take into account the provisions of the Community Safety and Policing Act, 2019, when recommending the appointments to Council.

13.2

Councillor M. Luloff

• Moved by M. Luloff
  Seconded by C. Kitts

  WHEREAS the Alcohol and Gaming Commission of Ontario (AGCO) has introduced a Manufacturer’s Limited Liquor Sales license (also known as a “By the Glass” license) to permit Ontario alcoholic beverage producers that already hold a manufacturer’s license from the AGCO to sell and serve their own beverages to patrons for consumption in single servings at their manufacturing sites under certain conditions; and

  WHEREAS, because "By the Glass" license applicants are exempt from the public advertising process, the AGCO requires a resolution from the municipal council indicating the support of the local community for “By the Glass” licenses as part of the application for this license; and

  WHEREAS the existing Council resolution, passed January 30, 2021 is set to expire on December 31, 2022; and

  WHEREAS given the economic development potential of the alcoholic beverage manufacturing industry, it is desirable to proactively provide support to existing manufacturers that wish to apply to the AGCO for a Manufacturer’s Limited Liquor Sales license (“By-the Glass” license);  

  THEREFORE BE IT RESOLVED that City Council hereby supports the application of any manufacturer already duly licensed by the AGCO in the City of Ottawa seeking a Manufacturer’s Limited Liquor Sales License (“By the Glass” license) from the AGCO, until revoked by Council or the AGCO changes the requirements.

14.

Motions Requiring Suspension of the Rules of Procedure

15.

Notices of Motion (for Consideration at Subsequent Meeting)

16.

Motion to Introduce By-laws

16.1

Three Readings

• Moved by G. Gower
  Seconded by C. Kitts

  That the by-laws listed on the Agenda under Motion to Introduce By-laws, Three Readings, be read and passed.

• a)    A by-law of the City of Ottawa to amend By-law No. 2017-180 respecting the appointment of Municipal Law Enforcement Officers in accordance with private property parking enforcement.

  b)    A by-law of the City of Ottawa to designate certain lands at avenue Brian Good Avenue on Plan 4M-1672 and avenue Solarium Avenue on Plan 4M-1688 as being exempt from Part Lot Control.

  c)    A by-law of the City of Ottawa to amend By-law No. 2019-397, designating community safety zones throughout the City of Ottawa.

  d)    A by-law of the City of Ottawa to designate certain lands at promenade Cope Drive, place Paseana Place, chemin Rouncey Road and avenue Tapadero Avenue on Plan 4M-1637, as being exempt from Part Lot Control.

  e)    A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (Deslauriers Circle, Jordan Gate).

  f)    A by-law of the City of Ottawa to designate certain lands at place Shallow Pond Place, terrasse Blossom Pass Terrace, ruelle Little Lake Lane and terrasse Idyllic Terrace, Plan on 4M-1707, as being exempt from Part Lot Control.

  g)    A by-law of the City of Ottawa to designate certain lands at promenade Kelly Farm Drive, croissant Nepeta Crescent and promenade Barrett Farm Drive, Plan 4M-1640, as being exempt from Part Lot Control.

  h)    A by-law of the City of Ottawa to designate certain lands at croissant Ormiston Crescent and voie Fenwick Way on Plan 4M-1708 as being exempt from Part Lot Control.

  i)    A by-law of the City of Ottawa to amend By-law No. 2008-250 to remove the holding symbol from the lands known municipally as 400, 402, 412, 416, 420, 421, 424, 428, 432, 436 Ginger Crescent, and 1701 Metcalfe Farm Drive.

  j)    A by-law of the City of Ottawa to designate certain lands at ruelle Main Halyard Lane on Plan 4M-1709 as being exempt from Part Lot Control.

17.

Confirmation By-law

• Moved by G. Gower
  Seconded by C. Kitts

  That the following by-law be read and passed:
  To confirm the proceedings of the Council meeting of December 7, 2022.

18.

Inquiries

19.

Adjournment

• Moved by G. Gower
  Seconded by C. Kitts

  That the proceedings of the City Council meeting of December 7, 2022, be adjourned.