City Council Minutes

 

OTTAWA CITY COUNCIL
MINUTES 44

Wednesday, November 25, 2020
10:00 am

By Electronic Participation

This Meeting was held through electronic participation in accordance with Section 238 of the Municipal Act, 2001 as amended by the COVID-19 Economic Recovery Act, 2020

 


The Council of the City of Ottawa met on Wednesday, November 25, 2020 beginning at 10:00 AM. The Mayor, Jim Watson, presided over the Zoom meeting from Andrew S. Haydon Hall, with the remaining Members participating remotely by Zoom.

Mayor Watson led Council in a moment of reflection.

 

ANNOUNCEMENTS/CEREMONIAL ACTIVITIES

 

PROCLAMATION - ORANGE CAMPAIGN UNiTE TO END VIOLENCE AGAINST WOMEN AND GIRLS

 

Mayor Watson proclaimed November 25 to December 10, 2020 Orange Campaign UNiTE to End Violence Against Women and Girls. Councillor T. Kavanagh provided remarks on these 16 days of action.

 

ROLL CALL

All Members of Council were present except Councillor J. Harder.

CONFIRMATION OF MINUTES

 

Confirmation of the Minutes of the regular Council meeting of October 28, 2020, and the special City Council meeting of November 4, 2020.

 

CONFIRMED

 

DECLARATIONS OF INTEREST INCLUDING THOSE ORIGINALLY ARISING FROM PRIOR MEETINGS

COUNCILLOR R. CHIARELLI

Councillor. R. Chiarelli submitted the following declaration of interest:

Whereas Subsection 5(1) of the Municipal Conflict of Interest Act states that where a member, either on his or her own behalf or while acting for, by, with or through another, has any pecuniary interest, direct or indirect, in any matter and is present at a meeting of the Council or local board at which the matter is the subject of consideration, the member,

a)    Shall, prior to any consideration of the matter at the meeting, disclose the interest and the general nature thereof;

I, Councillor Rick Chiarelli, declare a direct pecuniary interest on the following matters to be considered by City Council on 25 November 2020;

a)    The motion to receive REPORT TO COUNCIL ON AN INQUIRY RESPECTING THE CONDUCT OF COUNCILLOR CHIARELLI

b)    City Solicitor Memorandum

c)    Motion by Councillor Kavanagh seconded by Councillor Fleury,

d)    Motion by Councillor McKenney seconded by Mayor Watson

e)    Motion by Councillor Sudds seconded by Councillor Gower, and

f)     Any other related last-minute motions brought to the floor

Councillor Chiarelli further noted that  this matter was currently before the Divisional Court with the date of the hearing scheduled for Jan. 13, 2021 and, light of this legal challenge, he had been advised to say nothing further in relation to the Integrity Commissioner’s  report at this time.

 

COMMUNICATIONS

 

The following communications were received:

 

 

Association of Municipalities of Ontario (AMO)

 

 

·          

AMO Policy Update – Immunization Strategy Start, Revised COVID-19 Closure Regulations, CMOH Reappointment, Cemetery Care and Maintenance Funds Discussion Paper

 

 

·          

AMO Policy Update – Bill 218 Passes, 2020 Auditor General’s Report, and Clarification of Budget Property Tax Measures

 

 

·          

AMO Policy Update – COVID-19 Resiliency Infrastructure Stream Intake Open, Expanding Mental Health Services, and AODA Compliance Report Deadline Extended

 

 

·          

AMO Policy Update – COVID-19 Framework Updated

 

 

·          

AMO Policy Update – $1.75 Billion Announced for Broadband Across Canada

 

 

·          

AMO Policy Update - 2020 Provincial Budget

 

 

·          

AMO Policy Update – Additional Funding for Broadband

 

 

·          

AMO Policy Update – COVID-19 Response Framework and AMO’s Bill 218 Submission

 

 

·          

AMO Policy Update – Standards of Care in Long-Term Care Homes

 

 

·          

AMO Policy Update – 2021 OMPF Allocations and LTC Home Community Paramedicine Program

 

 

·          

AMO Policy Update – COVID-19 Resiliency Stream Launch and New Funding to Fight Human Trafficking

 

 


 

Other Communications Received:

·          

City Solicitor – Memorandum on Remedial Options Available in Response to the Workplace Investigation of a Complaint Against Councillor Chiarelli Pursuant to the City’s Violence and Harassment in the Workplace Policy

 

 

 

REGRETS

Councillor J. Harder advised she would be absent from the City Council meeting of 25 November 2020.

 

 

MOTION TO INTRODUCE REPORTS

MOTION NO 44/1

Moved by Councillor D. Deans
Seconded by Councillor C. A. Meehan

That the report from the Integrity Commissioner entitled Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli”; Agriculture and Rural Affairs Committee Report 17; Audit Committee Report 8; Built Heritage Sub-Committee Report 17; Community and Protective Services Committee Report 15; Standing Committee on Environmental Protection, Water and Waste Management Report 12; Finance and Economic Development Committee Report 18; Planning Committee Report 32; and Transportation Committee Reports 12A and 13; be received and considered.

CARRIED

 


COVID-19 REMARKS BY MAYOR WATSON

 

VERBAL UPDATES

 

OTTAWA PUBLIC HEALTH / EMERGENCY AND PROTECTIVE SERVICES

 

 

1.

COVID-19 VERBAL UPDATES

Council received a verbal update from Doctor Vera Etches, Medical Officer of Health. A copy of the presentation is on file with the City Clerk’s Office. Anthony Di Monte, General Manager, Emergency and Protective Services, provided an update on the COVID-19 Vaccine Distribution Task Force.

 

Further to the declaration of Interest noted above, Councillor R. Chiarelli left the City Council meeting at 11:32, prior to Council’s consideration of the following report and did not participate in Council’s consideration of this or any subsequent held agenda item.

 

REPORTS

 

INTEGRITY COMMISSIONER

 

 

2.

REPORT TO COUNCIL ON AN INQUIRY RESPECTING THE CONDUCT OF COUNCILLOR CHIARELLI

 

REPORT RECOMMENDATIONS

The Integrity Commissioner recommends that City Council:

1.         Suspend the notice requirement in Section 13 of the Complaint Protocol (Appendix A to By-law 2018-400) to consider this report.

2.         Receive this report, including the finding that Councillor Chiarelli has contravened Section 4 and Section 7 of the Code of Conduct.

3.         Impose the following sanctions for each individual contravention of the Code of Conduct:

a.         Complaint 1 – Suspension of the remuneration paid to Councillor Chiarelli in respect of his service as a Member of Council for 90 days;

b.        Complaint 2 – Suspension of the remuneration paid to Councillor Chiarelli in respect of his service as a Member of Council for 90 days.

4.         Direct that the effective starting date for the above recommendations for suspension of remuneration follow the end of the suspensions of remuneration of Councillor Chiarelli approved by Council on July 15, 2020 and be applied consecutively.

5.         Remove Councillor Chiarelli from the membership of all committees of Council and any other boards, local boards, agencies or commissions he has been appointed to by Council for the remainder of the 2018-2022 term of office.

6.         Suspend all delegated authorities of Councillor Chiarelli to hire staff and to order and approve any budgetary expenditures for the remainder of the 2018-2022 term of office and that the said delegated authorities shall be vested as recommended by the City Clerk in a separate report to Council.

 


MOTION NO 44/2

Moved by Councillor C. McKenney
Seconded by Mayor J. Watson

Whereas the Integrity Commissioner’s report to Council on July 15, 2020 determined that under the Council Code of Conduct and the City’s Violence and Harassment in the Workplace Policy that Councillor Chiarelli had engaged in harassment involving three women who were interviewed for possible employment in the Councillor’s office; and 

 Whereas the Integrity Commissioner’s report to Council on November 25, 2020 involving two complaints against Councillor Chiarelli from former employees determined that the Councillor contravened Section 4 (General Integrity) and Section 7 (Discrimination and Harassment) of the Code of Conduct; and

 Whereas the Integrity Commissioner in his report of November 25, 2020, recommended that Council direct that the effective starting date for the above recommendation for suspension of remuneration follow the end of suspensions of remuneration of Councillor Chiarelli approved by Council on July 15, 2020; and

Whereas the Integrity Commissioner also recommended that Councillor Chiarelli be removed from the membership of all committees of Council and any other boards, local boards, agencies of commissions he has been appointed to by Council for the remainder of the 2018-2022 term of office; and

Whereas the Integrity Commissioner also recommended that City Council suspend all delegated authorities of Councillor Chiarelli to hire staff and to order and approve any budgetary expenditures for the remainder of the 2019-2022 term of office; and

Whereas the Integrity Commissioner’s Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli, dated November 3, 2020, refers to the disreputable management style as an employer and offensive personal behaviour which has been going on at least since the he adoption of the Code of Conduct in May 2013; and

WHEREAS City Council is limited in its ability to pursue additional sanctions but wants to recognize, in the strongest possible terms, that no one should be subject to the behaviors described in these reports; and

WHEREAS the common elements described by complainants and witnesses may mean that there are other former employees and applicants with similar experiences who were unable to come forward, for whatever reasons; and

WHEREAS City Council wishes to recognize the courage of all those who came forward, at personal cost to themselves, to bring these behaviors to light, and to let them know that they have been heard by this Council;

Therefore be it resolved that Council direct the Mayor to issue a formal apology on behalf of Ottawa City Council to the women who were subjected to discrimination and harassment by Councillor Chiarelli while employed at the City of Ottawa, to the women who were subjected to discrimination  and harassment by Councillor Chiarelli during interviews for employment in the office of the Councillor, and to any other women who experienced discrimination and harassment by Councillor Chiarelli but were unable to come forward as a complainant or witness.

CARRIED

MOTION NO 44/3

Moved by Councillor T. Kavanagh
Seconded by            Councillor M. Fleury

WHEREAS in his report entitled, “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” the City’s Integrity Commissioner, Mr. Robert Marleau, found that Councillor Rick Chiarelli had “deliberately and systematically exploited the power dynamic of the employer/employee relationship” and that his “actions represent the classic scenario: the male perpetrator occupies a more powerful or dominant position in relation to the female victim and abuses that authority in using progressive manipulative strategies to outright control the behaviour and performance of a subordinate”; and

WHEREAS the Integrity Commissioner detailed findings included that:

1.    “The conduct of [Councillor Chiarelli] acting as a public service employer did not honourably serve the interest of his constituents;

2.    [Councillor Chiarelli] manipulated the two complainants by pressuring them to use their sexuality for the questionable purpose of recruiting male volunteers and spying or gathering information on his Council colleagues; and

3.    [Councillor Chiarelli] repeatedly told sexualized stories about former office staff, colleagues and members of the public that were offensive and disrespectful”; and

WHEREAS the Integrity Commissioner found that Councillor Chiarelli, with “forethought . . . conducted himself with total disregard for any of the principles and values outlined in the Code of Conduct and the workplace policies proclaimed by Council.” and;

WHEREAS the Integrity Commissioner found that Councillor Chiarelli contravened Section 4 (General Integrity) and Section 7 (Discrimination and Harassment) of the Code of Conduct and has recommended to Council the suspension of the remuneration paid to Councillor Chiarelli for 90 days for each complaint, amounting to 180 days;

THEREFORE BE IT RESOLVED that City Council call on Councillor Rick Chiarelli to recognize that his conduct in these matters has been contrary to the Code of Conduct for Members of Council and that, in the interest of preserving public confidence and respect for the City of Ottawa and the effective representation of residents living in Ward 8, he tender his resignation as a member of City Council, effective immediately.

CARRIED

MOTION NO 44/4

Moved by Councillor J. Sudds
Seconded by Councillor G. Gower

WHEREAS many brave women came forward and shared their experiences and showed tremendous courage by their actions and inspired many to stand with them; and

WHEREAS the Integrity Commissioner’s previous report entitled “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0023), considered by Council on July 15, 2020 concluded that all three allegations were not vexatious or frivolous, and that the courageous and brave women who provided testimony were credible and their allegations were established and founded; and

WHEREAS the July 15th Integrity Commissioner’s Report found that Councillor Chiarelli contravened Section 4 and Section 7 of the Code of Conduct and Council approved the suspension of the remuneration paid to this individual for 90 days for each complaint, amounting to 270 days; and

WHEREAS Motion 38/4, that Council unanimously approved will ensure that $79,300 are invested in the Ottawa Coalition to End Violence Against Women and the Ottawa Aboriginal Coalition, coalitions that both support organizations that do invaluable work in our City and are partners in the work being done by the Gender and Race Equity, Indigenous Relations, Diversity and Inclusion Branch; and,

WHEREAS in his current report entitled “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0033) the City’s independent Integrity Commissioner found that the “respondent deliberately and systematically exploited the power dynamic of the employer/employee relationship. His actions represent the classic scenario: the male perpetrator occupies a more powerful or dominant position in relation to the female victim and abuses that authority in using progressive manipulative strategies to outright control the behaviour and performance of a subordinate”; and,

WHEREAS the City’s independent Integrity Commissioner has found that:

1.   “The conduct of the Respondent acting as a public service employer did not honourably serve the interest of his constituents;

2.   The Respondent manipulated the two complainants by pressuring them to use their sexuality for the questionable purpose of recruiting male volunteers and spying or gathering information on his Council colleagues; and

3.   The Respondent repeatedly told sexualized stories about former office staff, colleagues and members of the public that were offensive and disrespectful.” and;

WHEREAS the Integrity Commissioner’s Report found that the “conduct is a shocking and astounding failure to treat the complainants with the respect they were due and required of him by the Code of Conduct. These are incomprehensible incidents of harassment that fall squarely within the definitions set out in the above City policies. The Respondent has deliberately engaged in a course of vexatious and troublesome comments against several individuals; he was absorbed in planning and executing volunteer subterfuge recruitment campaigns by objectifying the sexuality of his female employees; he abused his staff by tasking them with improper duties and functions; he employed intimidation and divisive ploys, including threats of dismissal and retaliation to coerce individuals to submit to his demands. With forethought, he conducted himself with total disregard for any of the principles and values outlined in the Code of Conduct and the workplace policies proclaimed by Council.” and;

WHEREAS in the Integrity Commissioner’s Report found that “both complainants state that the Respondent’s conduct made them uncomfortable, fearful and troubled and that it affected their mental health.” and;

WHEREAS in the Integrity Commissioner’s Report found that Councillor Chiarelli contravened Section 4 and Section 7 of the Code of Conduct and has recommended to Council the suspension of the remuneration paid to this individual for 90 days for each complaint, amounting to 180 days and;

THEREFORE BE IT RESOLVED that subject to Council’s approval of the of the 2021 City budget, that in the same manner as Motion 38/4 unanimously adopted by Council on August 26, 2020 that the City’s Chief Financial Officer be directed to invest the total 2021 remuneration being suspended from this Member of Council due to the contraventions of Section 4 and Section 7 of the Code of Conduct, to be allocated to community organizations that support survivors of domestic violence and/or sexual assault in consultation with the General Manager of Community and Social Services and;

BE IT FURTHER RESOLVED that Council direct the Mayor in consultation with the City Clerk and the City Solicitor write to the Honourable Steve Clark, Minister of Municipal Affairs and Housing, seeking revisions to the Municipal Act, 2001 that would provide for the vacating of the seat of a member of council who has been found on clear and convincing evidence to have committed serious misconduct, including any definitions necessary for the implementation of such a provision; and

BE IT FURTHER RESOLVED the City Clerk be directed to provide a report at the next regularly scheduled meeting of Council on the implementation of recommendation 6 found in the “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli” (ACS2020-OCC-GEN-0033) and;

BE IT FURTHER RESOLVED that the City Clerk and City Solicitor, in consultation with Corporate Security, review and report back to Council on options for introducing further restrictions on Councillor Chiarelli's access to City staff in City of Ottawa municipal buildings;

BE IT FURTHER RESOLVED that Councillor Chiarelli may only participate in Council Meetings via electronic methods or, when in-person Council meetings resume in Council Chambers, in alternative seating to be reserved for the Member of Council by the City Clerk and which is not physically near other Members of Council.

CARRIED

The Integrity Commissioner’s report recommendations, as amended by Motions 44/2, 44/3, and 44/4, were put to Council and CARRIED on a division of 22 YEAS and 0 NAYS, as follows:

YEAS (22):

Councillors L. Dudas, K. Egli, J. Cloutier, S. Moffatt, D. Deans, T. Tierney, J. Sudds, G. Darouze, M. Luloff, M. Fleury, R. King, C. A. Meehan, C. Kitts, T. Kavanagh, C. McKenney,
R. Brockington, G. Gower, S. Menard, J. Leiper, E. El-Chantiry, A. Hubley, Mayor J. Watson

NAYS (0):

DIRECTION TO STAFF

That the letter to the Minister of Municipal Affairs and Housing arising from the Sudds/ Gower Motion also be copied to the Honourable Lisa McLeod, Minister of Heritage, Sport, Tourism and Culture Industries and Member for Nepean, and all other local Members of Provincial Parliament.

Council recessed at 12:43 PM following consideration of Item 2, and resumed at 12:50 PM.

 


 

COMMITTEE REPORTS

 

AGRICULTURE AND RURAL AFFAIRS COMMITTEE REPORT 17

 

 

3.

ZONING BY-LAW AMENDMENT – PART OF 6335 PERTH STREET

 

COMMITTEE RECOMMENDATION

That Council approve an amendment to Zoning By-law 2008-250 for part of 6335 Perth Street to adjust zone boundaries and some of the multiple attached zone provisions within Phase 2 of the residential subdivision, as shown in Document 1 and detailed in Document 2.

CARRIED

 

4.

MOTION - NORTH GOWER CENOTAPH – ONE TIME GRANT

 

COMMITTEE RECOMMENDATION

That Council approve that the North Gower Recreation Association receive a one time $15,000 grant paid for from the Ward 21 CILP account and the administrative costs associated with providing a Consent To Enter be waived.

CARRIED

 

AUDIT COMMITTEE REPORT 8

 

5.

OFFICE OF THE AUDITOR GENERAL – INVESTIGATION OF THE LEASE CANCELLATION FOR 300 COVENTRY ROAD

 

COMMITTEE RECOMMENDATION

That Council consider and approve the investigation’s recommendations.

CARRIED

 

6.

OFFICE OF THE AUDITOR GENERAL – REVIEW OF OC TRANSPO BUS MAINTENANCE

 

COMMITTEE RECOMMENDATION

That Council consider and approve the review’s recommendations.

CARRIED

7.

OFFICE OF THE AUDITOR GENERAL – REVIEW OF OC TRANSPO DRIVER TRAINING

 

COMMITTEE RECOMMENDATION

That Council consider and approve the review’s recommendations.

CARRIED

 

8.

OFFICE OF THE AUDITOR GENERAL – REPORT ON THE FRAUD AND WASTE HOTLINE

 

COMMITTEE RECOMMENDATION

That Council receive the Report on the Fraud and Waste Hotline.

RECEIVED

 

BUILT HERITAGE SUB-COMMITTEE REPORT 17

 

9.

ADDITIONS TO THE HERITAGE REGISTER – CENTRETOWN HERITAGE STUDY

 

COMMITTEE RECOMMENDATION

That Council approve the addition of the properties listed in Document 1 to the City of Ottawa’s Heritage Register, in accordance with Section 27 of the Ontario Heritage Act.

CARRIED

 

10.

ADDITIONS TO THE HERITAGE REGISTER

 

COMMITTEE RECOMMENDATION

That Council approve the addition of the properties listed in Document 1 to the City of Ottawa’s Heritage Register, in accordance with Section 27 of the Ontario Heritage Act.

CARRIED

 

STANDING COMMITTEE ON ENVIRONMENTAL PROTECTION, WATER AND WASTE MANAGEMENT REPORT 12

 

11.

NEW TREE PROTECTION BY-LAW – ADMINISTRATIVE UPDATES

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Approve the amendments to the Tree Protection By-law as described in the report;

2.         Approve the amendment to the Planning Fees By-law, 2015-96 as described in this report;

3.         Delegate the authority to the General Manager, Planning, Infrastructure and Economic Development and the City Solicitor to make the amendments described in this report and to bring forward the by-laws to Council for enactment.

CARRIED

 

 

12.

MOTION - COMMENTS ON DRAFT BLUE BOX REGULATIONS

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Delegate authority to the General Manager of Public Works and Environmental Services to work with the Solid Waste Master Plan Council Sponsors Group to prepare and finalize comments on the draft blue box regulations on behalf of the City of Ottawa; and

2.         Direct City staff to provide Council with a copy of the comments submitted to the Province and provide an update to Committee and Council to highlight any notable changes between the draft regulations and final regulations, once they are registered in late 2020 or early 2021.

CARRIED

 

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 18

 

13.

LANSDOWNE ANNUAL REPORT AND COVID-19 IMPACTS UPDATE

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Approve the changes to the Lansdowne Partnership Plan Agreements identified below, as required and as outlined in this report, to assist in mitigating the impacts of COVID-19 by increasing the liquidity of the partnership to better manage cashflows, and delegate the authority to the City Manager, in consultation with the City Solicitor and Chief Financial Officer, to negotiate and execute any amendments required to give effect to Council’s decisions:

a.         To extend the partnership and associated closed financial system and Waterfall by ten years from 2044 to 2054; and

b.        To remove the participation rent and to maintain base rents at current levels in the event of a permitted transfer of the Retail Component during the term of the Retail Lease; and

c.         To remove the City’s provision to terminate the Retail Lease without cause; and

d.        To provide the Ottawa Sports & Entertainment Group (OSEG) one-time access to the current capital reserve (lifecycle) funds, while they continue to fund lifecycle investments required based on formalized administrative practices for the City to approve these investments; and

2.         Approve the establishment of a Lansdowne Park Partnership Working Group consisting of City staff and representatives from OSEG to explore the options to improve the Lansdowne Park Partnership and position it for continued success in a post-COVID environment as well as a Council Sponsor Group to support the Working Group, as described in this report, with the Working Group to report back to the Finance and Economic Development Committee and Council no later than Q2 2021; and

3.         Receive the following status update report related to the Lansdowne Partnership Plan:

a.         The update from the City Manager outlining the delegated authority exercised from October 2019 to date by the City Manager, the City Solicitor and the Chief Financial Officer, under the finalized and executed Lansdowne Partnership Plan Legal Agreements; and

b.        The update from the City Manager on the August 28, 2020 Lansdowne Master Partnership Meeting and Meetings Amongst Parties to the Unanimous Shareholder Agreements; and

c.         The status update outlined in this report regarding the operations of the Lansdowne Public-Private Partnership as referenced in Section 10 of the 2019 - Procurement Year in Review report (ASC2020-ICS-PRO-0001).

DEFERRED to the December 9, 2020 Council meeting by the following motion:

MOTION NO 44/5

Moved by Mayor J. Watson
Seconded by Councillor J. Cloutier

WHEREAS the Lansdowne Annual Report and COVID-19 Impacts Update was considered by the Finance and Economic Development Committee on November 12, 2020; and

WHEREAS the Audit of Lansdowne Accounting/Waterfall was released and considered at the Audit Committee meeting of November 24 and will rise for Council’s consideration at the December 9, 2020, Council meeting; and

WHEREAS deferral of the Lansdowne Annual Report and COVID-19 Impacts report would allow Council to consider both reports at the same meeting and allow more time for Members of Council to receive feedback from their residents;

THEREFORE BE IT RESOLVED THAT the Lansdowne Annual Report and COVID-19 Impacts Update report be deferred to the next City Council meeting scheduled for December 9, 2020.

CARRIED

 

14.

DELEGATION OF AUTHORITY – ACQUISITION AND SALE OF LAND AND PROPERTY – JANUARY 1, 2020 TO JUNE 30, 2020

 

COMMITTEE RECOMMENDATION, AS AMENDED

That Council receive and approve this report, as amended by Document 1.

CARRIED

 

PLANNING COMMITTEE REPORT 32

 

15.

OFFICIAL PLAN AMENDMENT AND ZONING BY-LAW AMENDMENT – PART OF 100 BAYSHORE DRIVE

 

COMMITTEE RECOMMENDATIONS

That Council approve:

1.         an amendment to the Official Plan, Volume 1, Section 3.6.1 - General Urban Area, Policy 17, for part of 100 Bayshore Drive, adding site specific policies, as detailed in Document 2;

2.         an amendment to Zoning By-law 2008-250 for part of 100 Bayshore Drive to permit a residential development including two towers with heights up to 30-storeys, as detailed in Document 3; and

3.         that the implementing Zoning By-law does not proceed to City Council until such time as the agreement under Section 37 of the Planning Act is executed.

CARRIED


DIRECTION TO STAFF (Councillor Kavanagh):

Given the significance of the proposed development, that staff be directed as follows for the first phase of development subject to Site Plan Control:

Prior to the Site Plan application being submitted and deemed complete, that staff:

  1. Encourage the applicant/owner to host a public meeting with local residents and community groups in effort to discuss the details of the first development phase, and an opportunity to discuss community concerns;
  2. Work with the applicant/owner and the Ward Councillor to secure an appropriate venue and notify members of the public; and

During the Site Plan Control process, that staff:

  1. Schedule a Community Information Session during the initial comment period;
  2. Consider the following during the Site Plan Control Process:
    1. Design details should demonstrate how convenient pedestrian access is to be provided from the Bayshore community to the Bayshore Rapid Transit Station;
    2. The Transportation Impact Assessment submitted with the application should include an analysis of Woodridge Crescent and surrounding area;
    3. That the number of affordable housing units, and unit type should be confirmed and reflected in the conditions of approval; and

Acknowledge that Delegated Authority may be removed if the Ward Councillor is not satisfied with the submission details and response to community interests.

 


 

16.

ZONING BY-LAW AMENDMENT – 433, 435 CHURCHILL AVENUE NORTH, 468, 472 BYRON PLACE

 

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council approve:

1.         an amendment to Zoning By-law 2008-250 for 433 and 435 Churchill Avenue North, and 468 and 472 Byron Place, to permit a six-storey mixed-use development, as detailed in Document 2, as amended by the following:

a.         that Document 2, Details of Recommended Zoning, clause 3(c)(vi) be amended to replace “1.0 metre” with “1.5 metres” as it relates to the outdoor roof-top terraces; and

b.        that Document 3, Schedule YYY, be amended by replacing Document 3 with the revised Schedule,per Planning Committee Motion No PLC 2020-32/1;

2.         that pursuant to the Planning Act, subsection 34(17), no further notice be given.

CARRIED

 

17.

STORMWATER MANAGEMENT DESIGN CRITERIA FOR THE PINECREST CREEK/WESTBORO AREA

 

COMMITTEE RECOMMENDATION

That Council approve the Stormwater Management Design Criteria for the Pinecrest Creek/Westboro Area as described herein and listed as Document 2.

CARRIED

 

18.

BIRD-SAFE DESIGN GUIDELINES

 

COMMITTEE RECOMMENDATIONS AS AMENDED

That Council:

1.         approve the Bird-Safe Design Guidelines, attached as Document 1;

2.         approve that the following be added to the Disposition section of the report:

•      “3. Post the Bird-Safe Design Guidelines – Development Application Review Criteria on the City’s website, in an accessible format, to provide clarity to Planning Services staff and applicants when applying the guidelines.”

CARRIED

 

19.

MOTION - COUNCIL RESOLUTION REGARDING SECTION 45 OF THE PLANNING ACT, IN RESPECT OF 335 SANDHILL ROAD

 

COMMITTEE RECOMMENDATIONS

That Council approve that:

1.         pursuant to Section 45 of the Planning Act, an application to the Committee of Adjustment be permitted in respect to the property at 335 Sandhill Road for a minor variance associated with the proposed development for Block 10, limited to the interior side yard setback, as per Urban Exception 2630 of By-law 2008-250, as amended; and

2.         that there be no further notice pursuant to Subsection 34 (17) of the Planning Act.

CARRIED

 

TRANSPORTATION COMMITTEE REPORT 12A

 

20.

BARRHAVEN LIGHT RAIL TRANSIT (BASELINE STATION TO BARRHAVEN TOWN CENTRE) AND RAIL GRADE-SEPARATIONS, PLANNING AND ENVIRONMENTAL ASSESSMENT STUDY – RECOMMENDATIONS

 

COMMITTEE RECOMMENDATIONS, AS AMENDED

That Council:

1.         Approve the functional design for the Barrhaven Light Rail Transit (Baseline Station to Barrhaven Town Centre) and Rail Grade-Separations Planning and Environmental Assessment (EA) study and interim transit priority measures as described in this report and supporting documents;

2.         Direct staff to complete the Transit Project Assessment Process (TPAP) in accordance with the Regulation 231/08 of the Ontario Environmental Assessment Act, including the preparation and filing of the Environmental Project Report for final public review and comment; and,

3.         Direct staff to remove the 1005--1045 Greenbank Road site earmarked for affordable housing by Council on April 10, 2019 (Report ACS2019-PIE-GEN-001) from the list of affordable housing development sites; and,

4.         Direct the Interdepartmental Task Force on Affordable Housing to undertake a comprehensive review of the planned Stage 3 LRT corridors to identify short-term alternative locations for future affordable housing development to replace the 1005-1045 Greenbank Road site that is now recommended for the Barrhaven LRT’s Train Storage and Servicing Facility; and,

5.         Direct staff to establish a Working Group to examine options on how to assist the residents who are facing a future relocation because of the LRT project and that this working group consist of: General Manager, Planning, Infrastructure and Economic Development, General Manager, Community and Social Services, General Manager, Transportation Services, and/or their respective delegates; Ottawa Community Housing; community representatives from Manor Village and Cheryl Gardens; the ward Councillor; and the Councillor Liaison for Housing and Homelessness; and

6.         Direct staff to report back to the Finance and Economic Development Committee by end of 2021 on the Working Group’s recommendations including justifications, and policy and financial implications.

MOTION NO 44/6

Moved by Councillor K. Egli
Seconded by Councillor M. Luloff

WHEREAS the Barrhaven LRT’s recommended alignment requires the removal of 120 private rental units on the west side of Woodroffe Avenue between Knoxdale Road and West Hunt Club; and

WHEREAS these private rental units are not designated affordable or social housing administered by the City or by non-profit housing providers, but they are considered affordable by the tenants and the need to relocate elsewhere could cause hardship for some who have lived in the community for many years; and

WHEREAS on January 29, 2020, Council declared a housing and homelessness state of emergency through MOTION NO 26/14, and that this is an important issue for all levels of government to address; and

WHEREAS the Environmental Assessment has identified the displacement of the residents in these 120 private rental units as a risk that needs to be mitigated;

WHEREAS Transportation Committee has recommended Council Direct staff to establish a Working Group to examine options on how to assist the residents who are facing a future relocation because of the LRT project; and

WHEREAS, the City’s goal is to increase the development of affordable housing and contribute to the affordable housing targets in the 10 Year Housing and Homelessness Plans;

WHEREAS, a priority of the City is to maximize opportunities for affordable housing development along the LRT /BRT corridors;

WHEREAS, the property known as 40 Beechcliffe St.  provides an opportunity to advance the work of the Interdepartmental Task Force on Affordable Housing Near Transit Stations which will be reconvened to explore affordable housing development opportunities along Stage 3 of the LRT;

THEREFORE BE IT RESOLVED that staff be directed, as part of the Working Group’s assessment and recommendations, to craft a Tenant Support and Assistance Strategy to mitigate the social impacts of this displacement; and

BE IT FURTHER RESOLVED that staff include the costs of this Tenant Support and Assistance Strategy as eligible costs in the funding application for this LRT Extension project, as it addresses a risk requiring mitigation, as identified in the Environmental Assessment; and

THEREFORE BE IT RESOVLED that staff assess the site at 40 Beechcliffe St. for its development potential for affordable housing, as it is in close proximity to the  120 private rental units that will be impacted by the Stage 3 LRT expansion, and report back to Council by the end of 2021 on its suitability and potential development timeline.

CARRIED

MOTION NO 44/7

Moved by Councillor M. Fleury
Seconded by Councillor J. Leiper

WHEREAS in May 2018, Council directed staff to form an Interdepartmental Working Group to explore opportunities for affordable housing in and around transit stations. The working group, chaired by the General Manager of Planning, Infrastructure and Economic Development (PIED), consists of representatives from PIED as well as Transportation Services, Corporate Services (Real Estate Office) and Community and Social Services (Housing Services). The group worked to identify an inventory of future development opportunities within close proximity of stations on Lines 1 and 2 of the Light Rail Transit network (in its full extent to Stage 2);

WHEREAS the subsequent review focused on property owned by the three levels of government and government agencies. In addition, the working group considered privately held sites, adjacent to public lands either where synergies could exist for a potential land assembly, or where the City has a future acquisition agreement;

WHEREAS there were 20 sites were identified that have potential for affordable housing development opportunities involving public lands;

WHEREAS on April 10, 2019 Council adopted the recommendation of the report Interdepartmental Task Force on Affordable Housing Near Transit Stations (ACS2019-PIE-GEN-0001); and

WHEREAS planning work is underway for the Stage 3 LRT and it is important to identify sites early on in the process that would be suitable for Affordable Housing;

THEREFORE BE IT RESOLVED that Council direct staff in Transportation Services, Housing Services, and Planning, Infrastructure and Economic Development to re-initiate the Interdepartmental Task Force on Affordable Housing to explore to explore opportunities for affordable housing in close proximity (600m) to Light Rail Transit (LRT) and Bus Rapid Transit (BRT) stations associated with Stage 3 LRT.

CARRIED

MOTION NO 44/8

Moved by Councillor C. McKenney
Seconded by Councillor S. Menard

WHEREAS the report “Barrhaven Light Rail Transit (Baseline Station to Barrhaven Town Centre) and Rail Grade-Separations, Planning and Environmental Assessment Study – Recommendations” (the Report) details the functional design to extend LRT to Barrhaven as part of Stage 3, to build three bridges over VIA Rail tracks near Fallowfield Station and to implement transit-priority measures;

AND WHERAS the City would need to acquire 6.5 hectares of land from the NCC, the private sector and Hydro One in order to extend the LRT along the proposed route;

AND WHEREAS one of the parcels of land that would need to be expropriated is comprised of 120 rental housing units;

AND WHEREAS the loss of these homes imposes housing instability for the existing tenants and would further impact the availability of affordable rental housing options for low to moderate income households in this part of the City; and

AND WHEREAS the City should be a leader in providing replacement rental housing when new construction results in the direct loss of rental for existing tenants; and

AND WHEREAS the legislated compensation for tenants required to relocate due to expropriation is negligible compared to the costs they will incur if market rents are significantly higher than their current rent;

THEREFORE BE IT RESOLVED THAT Council establish a Rental Replacement Program for the residents who are facing relocation because of the LRT project and that the Working Group, identified in recommendation 5 of the Report, assist tenants in securing rental housing that is of a similar dwelling type and bedroom count to their existing rental housing; and

THEREFORE BE IT FURTHER RESOLVED THAT the City, subject to Council approval in the annual budget, provide a housing allowance to pay the difference between the rent for the expropriated property and the rent for a replacement unit, up to the Average Market Rent for the City of Ottawa as defined by the Canada Mortgage and Housing Corporation, should the replacement unit have a rent that is higher than the rent of the expropriated unit; and

THEREFORE BE IT FURTHER RESOLVED THAT Council direct the Working Group to identify a source of funding to support such a Rental Replacement Program set out herein and finalize the details of the Rental Replacement Program such that only tenants who are, as of the date of this motion, tenants of the land to be expropriated and continue to be tenants of the land at time of eviction, qualify for the Program, encourage those who qualify for other housing benefits to apply for such benefits, with any other Program requirement to be brought forward to Finance and Economic Development Committee in accordance with Recommendation 6 of the Report.

REFERRED by the following motion:

MOTION NO 44/9

Moved by Councillor T. Tierney
Seconded by Mayor J. Watson

BE IT RESOLVED THAT the motion moved by Councillor C. McKenney and seconded by Councillor S. Menard be referred to the Working Group established as part of this report.

CARRIED

The following motion was put to Council and lost:

MOTION NO 44/10

Moved by Councillor C. McKenney
Seconded by Councillor R. Brockington

WHEREAS City Council declared an affordable housing and homelessness crisis and emergency on January 29, 2020 which persists and is growing; and

WHEREAS there are 36,000 renter households in Ottawa who spend in excess of 30% of their income on rent and are at risk of losing their housing; and

WHEREAS as of December 31, 2019, the number of households on the waiting list for subsidized housing in Ottawa was over 12,500, with an additional 500 new applications processed between the start of the COVID pandemic and the end of June 2020; and

WHEREAS there are currently over 1900 people living in shelters in the City and another approximately 200 without shelter; and

WHEREAS significant questions remain about the Grade-Separation of Woodroffe Avenue and Southwest Transitway; and

WHEREAS options 3 & 4 in Section 1 of ‘Corridor Alignment and Design Alternatives’ may cost the city approximately the same amount of money as the staff recommended option 6; and

WHEREAS the staff recommended option 6 has less predictable costing given the nature of land deals and the potential expropriation process that are associated with this option; and

WHEREAS many of the drawbacks of option 3 & 4 vis-a-vis option 6 in the staff report, such as concerns over wheel noise and discomfort from a curving track and the temporary disruption of vehicular traffic on Woodroffe, must be balanced with the significant impact option 6 will have on the lives of over 300 low-income tenants including displacement;

THEREFORE BE IT RESOLVED THAT City Council direct staff to report back to the Transportation Committee with an alternate option that includes retaining the housing in Manor Village or Cheryl Gardens.

LOST on a division of 7 YEAS and 15 NAYS, as follows:

YEAS (7):

Councillors D. Deans, R. King, T. Kavanagh, C. McKenney,
R. Brockington, S. Menard, J. Leiper,

NAYS (15):

Councillors L. Dudas, K. Egli, J. Cloutier, S. Moffatt, T. Tierney, J. Sudds, G. Darouze, M. Luloff, M. Fleury, C. A. Meehan,
C. Kitts, G. Gower, E. El-Chantiry, A. Hubley, Mayor J. Watson

 

The Committee recommendations, as amended by Motion Nos 44/6 and 44/7 were put to Council and divided for voting purposes.

Committee recommendation 1 CARRIED on a division of 18 YEAS and 4 NAYS, as follows:

YEAS (18):

Councillors L. Dudas, K. Egli, J. Cloutier, S. Moffatt, D. Deans, T. Tierney, J. Sudds, G. Darouze, M. Luloff, M. Fleury,
C. A. Meehan, C. Kitts, T. Kavanagh, G. Gower,  J. Leiper,
E. El-Chantiry, A. Hubley, Mayor J. Watson

NAYS (4):

Councillors R. King, C. McKenney, R. Brockington, S. Menard

 

The remaining Committee Recommendations, as amended, CARRIED.

 

21.

MOTION - PROPOSED CYCLING LANES ON HOLLAND AVENUE (KENILWORTH AVENUE TO TYNDALL AVENUE)

 

COMMITTEE RECOMMENDATIONS, AS AMENDED

That Council approve:

1.         that the temporary cycling lanes remain as permanent facilities on Holland Avenue from Kenilworth Avenue to Tyndall Avenue; and

2.         that the speed limit be posted at 40km/hr to support transit service and thus promote sustainable mobility choices for our residents; and

3.         that any work that is required to carry out the above directives (such as refreshing of line painting, posting and new speed limit signs) be funded within the existing budget of the Jackie Holzman Bridge project.

4.         the addition of the following under the Consultation Section of the report:

            Infrastructure Services Comment

            Following the approval of the report, Infrastructure Services will collaborate with Transportation Services Department on the installation of the permanent cycling lanes and signs on Holland Avenue from Kenilworth Avenue to Tyndall Avenue. The funding will be provided though the existing budget of the Jackie Holzman Bridge project. The bridge is now open for use, final landscaping and sign installation is underway.

5.         the addition of an Asset Management Implications section to the report with the following:

            The recommendations documented in this report are consistent with the City’s Comprehensive Asset Management (CAM) Program objectives. The implementation of the Comprehensive Asset Management program enables the City to effectively manage existing and new infrastructure to maximize benefits, reduce risk, and provide safe and reliable levels of service to community users. This is done in a socially, culturally, environmentally, and economically conscious manner.

CARRIED

 

TRANSPORTATION COMMITTEE REPORT 13

 

22.

STO TRANSIT STUDY FOR GATINEAU’S WEST END: INTEGRATION WITH OTTAWA - RECOMMENDATIONS

 

COMMITTEE RECOMMENDATIONS, AS AMENDED

That Council:

1.         Endorse the all-tram option for the proposed Société de transport de l’Outaouais (STO) tramway in Gatineau;

2.         Approve the Sparks Street tunnel option as the optimal corridor for the STO tramway in Ottawa, subject to STO securing the project funding for its implementation; and

3.         Approve the Wellington Street (with traffic) street-level option as an alternative corridor for the STO tramway in Ottawa, should funding for the Sparks Street tunnel not materialize, with the following conditions:

a.         That the STO complete a fulsome assessment of the required cross-sectional elements of the corridor and secure sufficient right-of-way from the federal government to ensure the safety of all users with adequate space for signage and traffic control infrastructure;

b.        That the STO complete a detailed plan which addresses other operational requirements in the corridor, such as accesses to the Parliamentary and Judicial Precincts, tour bus operations and snow removal; 

c.         That the STO complete a fulsome network traffic analysis and develop a detailed mitigation plan to address the downstream impacts on Ottawa’s downtown streets to the satisfaction of the City’s Transportation Services Department;

d.        That the STO develop a mitigation plan for its tramway service when Wellington Street is closed due to external factors such as demonstrations or special events;

e.         That the STO develop an implementation plan that is coordinated with other projects in the downtown area to minimize traffic disruptions during construction; and,

4.         Approve that should the tramway operate on Wellington Street, that the branding and livery of the tramway vehicles reflect the colours and symbolism of our country and that City staff work with the STO on this proposed branding and livery, and that it be presented to the City of Ottawa’s Transportation Committee and federal partners for input prior to its procurement and implementation

5.         Approve that Mayor Watson write to the Prime Minister, the Minister of Finance, and the Minister of Infrastructure and Communities to request that the federal government prioritize investments in transformative and sustainable transit projects like Stage 3 LRT to Kanata-Stittsville and Barrhaven and the STO Tramway over a sixth bridge[1]; and,

6.         Approve that STO be mandated to meaningfully consult, as part of the next phase of this project, with the Ceremonial Guard, the Department of National Defence and Veterans Affairs Canada on the location of the terminus station at Elgin and Queen streets, as well as the preservation and coordination of the Changing of the Guard and its use of the Ceremonial Guard’s traditional route along Elgin and Wellington streets; and

7.         Direct staff to include a study funded 100% by the Federal Government for the feasibility of a transit Loop and conversion of Wellington Street to a pedestrian mall in the update to the city of Ottawa TMP currently under review; and a) That the study confirm that if either project is determined to be feasible and approved by City of Ottawa Council, that the cost of any further studies, including, design, construction operations and maintenance and potential upload of Wellington Street to the Federal Government be borne by the Federal Government; and

8.         Reaffirm to STO the importance of STO investments including seamless connection to the City of Ottawa’s LRT investments; and

9.         Encourage STO and the Federal government to review and include a Loop option facilitating transit connections between the City of Ottawa and the City of Gatineau’s respective downtowns; and

10.      Approve that, should the federal government/NCC pursue a detailed study of the interprovincial transit loop vision, that the City of Ottawa (including OC Transpo) participate in that study, along with the City of Gatineau and the STO; and

11.      Reiterate its current transit priorities to the Federal government and that any federal funding for the STO tramway does not limit or impact federal funding for the City of Ottawa’s transit priorities such as Stage 3 LRT.

MOTION NO 44/11

Moved by Councillor J. Sudds
Seconded by Councillor G. Gower

WHEREAS during its consideration of the STO Transit Study for Gatineau’s West End: Integration with Ottawa – Recommendations  Report, Transportation Committee approved a Motion from Councillor Fleury respecting the potential Interprovincial Transit Loop and potential federal funding for same, while reiterating to the federal government the City’s current transit funding priorities; and

WHEREAS some of the recommendations arising from this Motion, which are included as Committee Recommendations 7-11 on the Council Agenda, require further refinement to clarify the City’s message to the federal government and broaden the scope of the study;

THEREFORE BE IT RESOLVED that Recommendations 7-11 in the Transportation Committee Report to Council be replaced with the following revised recommendations:

  1. That City Council reiterate to the federal government that its current transit funding priority remains the funding of Stage 3 LRT to Kanata, Stittsville and Barrhaven, and that any funding for the STO Tram project or the Interprovincial Transit Loop does not limit or impact federal funding available to the City of Ottawa under the current per capita funding allocation model; and
  2. That  staff include in the Transportation Master Plan Update a description of the Interprovincial Transit Loop concept to connect the downtowns of Gatineau and Ottawa, and the potential for the Wellington Street to be converted to an enhanced public realm and pedestrian corridor with transit and active transportation facilities; and
  3. That should it materialize, the Interprovincial Transit Loop and Wellington Street redesign be fully funded by the federal government as the lead proponent and implementer of all aspects of the project (planning studies, designs, construction, operations and maintenance), including the potential upload of Wellington Street to the federal government; and
  4. That the study also consider alternative technologies to deliver an Interprovincial Transit Loop, such as Autonomous Vehicles or an electric bus solution; and
  5. That the City of Ottawa and OC Transpo would be part of the Federal review (as this has impacts on land use and transit in Ottawa); and
  6. City of Ottawa reaffirms the importance of integration of STO investments with City of Ottawa LRT investments.

CARRIED

 

The following Motions was also introduced in relation to this item, and subsequently withdrawn after a friendly amendment was accepted by the Mover and Seconder of Motion 44/11 above adding “pedestrian” to resolution “B” of that motion.

 

MOTION NO 44/12

Moved by Councillor C. McKenney
Seconded by Councillor M. Fleury

WHEREAS Ottawa is the nation’s Capital; and

WHEREAS Parliament Hill, the National War Memorial, the Senate and other historic buildings and monuments are prominently located on Wellington Street; and

WHEREAS Wellington Street carries tremendous numbers of pedestrian traffic and other active transportation users; and

WHEREAS Wellington Street is often blocked from vehicle use by marches and demonstrations; and 

WHEREAS the City of Ottawa has removed buses from Wellington Street to improve transit flow and increase pedestrian access; and

WHEREAS the Société de transport de l'Outaouais (STO) is considering tramway options for Gatineau transit users travelling to and from downtown Ottawa, including potential lines on Wellington Street;

THEREFORE BE IT RESOLVED that the City of Ottawa affirm its commitment to pedestrianizing Wellington Street from Elgin Street to Lyon Street; and

BE IT FURTHER RESOLVED that the City of Ottawa commits to ensuring and enhancing sufficient space for a variety of active transportation modes on Wellington, including walking and cycling.

                                                                                                            WITHDRAWN

 

Committee recommendation 5 was put to Council and CARRIED on a division of 20 YEAS and 2 NAYS, as follows:

YEAS (22):

Councillors L. Dudas, K. Egli, J. Cloutier, S. Moffatt, D. Deans, T. Tierney, J. Sudds, G. Darouze, M. Luloff, R. King,
C. A. Meehan, C. Kitts, T. Kavanagh, R. Brockington, G. Gower, S. Menard, J. Leiper, E. El-Chantiry, A. Hubley, Mayor J. Watson

NAYS (0):

Councillors M. Fleury and C. McKenney

 

The remaining Committee recommendations were put to Council and CARRIED as amended by Motion No. 44/11.

 

 

23.

MOTION – TEMPORARY SEMI-PERMANENT BIKE LANE ON ELGIN STREET

 

COMMITTEE RECOMMENDATIONS

That Council approve:

1.         that a temporary semi-permanent bike lane be constructed on the east side of Elgin Street between Argyle Avenue and Isabella Street and on the west side of Elgin Street between 35 metres north of Catherine Street and Isabella Street;

2.         that an evaluation of the Catherine Street and Elgin Street intersection take place in the months following the completion of the bike lane to report on the intersection’s safety and effectiveness of the product; and

3.         that the cost to install the Qwick Kurb system and to winter maintain the temporary semi-permanent bike lane for the 2020-2021 winter season, in the amount of $88,000, be funded from the Elgin Street Renewal project (account # 906882).

 

 

REPORT REQUIRING SUSPENSION OF THE RULES OF PROCEDURE

 

PLANNING, INFRASTRUCTURE AND ECONOMIC DEVELOPMENT DEPARTMENT

 

 

24.

BRIEFING ON PROPOSED CHANGES TO THE CONSERVATION AUTHORITIES ACT CONTAINED IN BILL 229, PROTECT, SUPPORT AND RECOVER FROM COVID-19 ACT (BUDGET MEASURES), 2020

MOTION NO 44/13

Moved by Councillor E. El-Chantiry
Seconded by Councillor G. Darouze

WHEREAS on November 5, 2020 the Provincial Legislature introduced for First Reading Bill 229, the Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 (“Bill 229”), an omnibus bill that includes in Schedule 6 proposed amendments to the Conservation Authorities Act; and

WHEREAS the debate on the motion for second reading of Bill 229 is in progress and the Legislature is expected to enact it soon; and

WHEREAS a report from the General Manager of Planning, Infrastructure and Economic Development was issued to Members of Council with the final agenda on Tuesday, November 24, 2020 to brief Members of Council on the relevant changes to the Conservation Authorities Act proposed by Bill 229 and to recommend comments that can be sent to the Province prior to the Bill being enacted.

BE IT RESOLVED that the Rules of Procedure be suspended to receive and consider the report from the General Manager of Planning, Infrastructure and Economic Development entitled “Briefing on proposed changes to the Conservation Authorities Act contained in Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020”.

CARRIED

 

REPORT RECOMMENDATION

Staff recommend that Council authorize the Mayor send a letter to the Province of Ontario, prior to the enactment of Bill 229, Schedule 6, Conservation Authorities Act, to express concerns with changes proposed to board membership composition and duties (Section 14 of the Act). Staff have included a recommended letter for the Mayor to send to the Province, which summarizes these concerns, as Document 1.

CARRIED


Item F on the Bulk Consent Agenda was lifted from the Bulk Consent Agenda for consideration as part of the regular Agenda.

 

F.

CITY OF OTTAWA MUNICIPAL ACCESSIBILITY PLAN (COMAP) – FIVE-YEAR PLAN (2020-2024)

 

COMMITTEE RECOMMENDATION

That Council approve the 2020-2024 City of Ottawa Municipal Accessibility Plan, as outlined in Document 1 and 2 of this report.

MOTION NO 44/14

Moved by Councillor M. Fleury
Seconded by Councillor M. Luloff

WHEREAS the City of Ottawa Municipal Accessibility Plan (COMAP) – Five-Year Plan 2020-2024 (ACS2020-OCC-GEN-0028) appears on the Council agenda for November 25, 2020; and

 WHEREAS staff have hired a consultant to review Winter Maintenance Quality Standards (MQS), however this project does not appear on the list of COMAP initiatives; and 

 WHEREAS winter maintenance removes barriers persons with disabilities, allowing them to safely and independently navigate the City in winter months;

THEREFORE BE IT RESOLVED that the MQS Review be added as an initiative to the 2020-2024 City of Ottawa Municipal Accessibility Plan, whereby updates will be provided in the Plan’s annual update report.

CARRIED

The Committee Recommendations, as amended by Motion N0 44/14, were then put to Council and CARRIED.

 

IN CAMERA ITEM*

 

25.

CITY MANAGER’S 2018-2020 PERFORMANCE APPRAISAL AND RELATED EMPLOYMENT MATTERS

MOTION NO 44/15

Moved by Councillor D. Deans
Seconded by Councillor C. A. Meehan

 

BE IT RESOLVED that City Council resolve in camera pursuant to the Procedure By-law 2019-8, Subsections 13.(1)(b) personal matters about an identifiable individual, including staff; 13.(1)(d) labour relations or employee negotiations; and, 13.(1)(f) the receiving of advice that is subject to solicitor-client privilege, including communications necessary for that purpose, in order to consider the verbal report from the Mayor entitled, “Performance Review for the City Manager and Related Employment Matters”.

                                                                                                            CARRIED

Council resolved in camera at 3:05 PM

 


IN CAMERA SESSION

 

This item was considered In Camera pursuant to the Procedure By-law 2019-8, Subsections 13.(1)(b) personal matters about an identifiable individual, including staff; 13.(1)(d) labour relations or employee negotiations; and, 13.(1)(f) the receiving of advice that is subject to solicitor-client privilege. The specific matters related to the City Manager’s 2018-2020 Performance Appraisal will not be reported out as they relate to personal matters about an identifiable individual. No votes were taken in closed session other than procedural motions and/or directions to staff.

IN COUNCIL

Council resumed in open session at 3:56 PM. Upon resuming in open session, the following motion was put to Council:  

MOTION NO 44/16

Moved by Mayor J. Watson
Seconded by Councillor L. Dudas

 

WHEREAS at its meeting of February 8, 2016, City Council considered a report entitled, “Results of the Recruitment Process for City Manager”; and

WHEREAS further to that report, City Council appointed Steve Kanellakos as the new City Manager of the City of Ottawa and delegated authority to the Mayor, in consultation with the City Clerk and Solicitor, to finalize and execute an employment contract (the “February 8, 2016 Agreement”), based on specific parameters; and

WHEREAS, pursuant to the “2014-2018 Council Governance Review Report”, Members of Council were recently provided with an opportunity to comment on and provide input to the City Manager’s 2018-2020 Performance Appraisal; and

WHEREAS the Mayor and the Deputy Mayors reviewed the feedback and comments received from Members of Council through the written evaluation forms on November 9, 2020; and

WHEREAS the Mayor conducted a performance review meeting with the City Manager to review the results of this evaluation on November 17, 2020; and

WHEREAS the results of the City Manager’s 2018-2020 Performance Appraisal were provided In Camera to City Council by the Mayor during its meeting of November 25, 2020; and

WHEREAS the current five-year term for the City Manager is set to expire in approximately five months on April 30, 2021; and

WHEREAS the current term of council ends on November 14, 2022; and

WHEREAS to provide stability to the organization in these unprecedented times of the global pandemic and in recognition of the City Manager’s performance, it is recommended that the employment of the City Manager be extended; and

WHEREAS to extend his employment contract into the first six months of the 2022-2026 term of council would provide the next City Council with sufficient time to undertake a recruitment process to hire their own City Manager; and

WHEREAS the Council-approved Statutory Officer Recruitment, Appointment and Contract Administration Procedures provide that, “Council shall, by public resolution, approve any amendments to the terms and conditions of the City Manager’s appointment, including but not limited to contract, job description and salary matters that go beyond terms and conditions previously approved by Council”;

THEREFORE BE IT RESOLVED that Council delegate authority to the Mayor, in consultation with the City Solicitor, to amend the City Manager’s contract based on the following parameters:

  1. The City Manager’s employment will continue until May 15, 2023, unless earlier terminated in accordance with the provisions of the February 8, 2016 Agreement; and
  2. All of the remaining terms and conditions of the February 8, 2016 Agreement, including annual salary and benefits, shall remain in full force and effect.

CARRIED

 

BULK CONSENT AGENDA

 

COMMUNITY AND PROTECTIVE SERVICES COMMITTEE REPORT 15

 

 

A.

ARTS, CULTURE AND RECREATION ADVISORY COMMITTEE - PROPOSED 2020-2022 WORKPLAN

 

COMMITTEE RECOMMENDATION

That Council approve the 2020-2022 Arts, Culture and Recreation Advisory Committee Workplan, as detailed in Document 1.

CARRIED

 

B.

COMMUNITY PARTNERSHIP CAPITAL PROGRAMS ANNUAL REPORT

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Receive the listing of projects funded under delegated authority through the Community Partnership Minor Capital program in 2019, as detailed in Document 1.

2.         Receive the list of 2020 Community Partnership Major Capital proposals received by the March 1st deadline in 2020, as detailed in Document 2.

3.         Receive the status update of prior years’ Community Partnership Major Capital projects previously approved in principle, as detailed in Document 3.

CARRIED

 

STANDING COMMITTEE ON ENVIRONMENTAL PROTECTION, WATER AND WASTE MANAGEMENT REPORT 12

 

C.

FINANCIAL STATEMENTS FOR IN-HOUSE SOLID WASTE COLLECTION – EXTERNAL AUDIT RESULTS 2020

 

COMMITTEE RECOMMENDATION

That Council receive this report for information.

RECEIVED

 

FINANCE AND ECONOMIC DEVELOPMENT COMMITTEE REPORT 18

 

D.

OTTAWA COMMUNITY HOUSING CORPORATION’S PROPERTY TAX EXEMPTION UPDATE AND CANADA MORTGAGE AND HOUSING CORPORATION CO-INVESTMENT APPLICATION FOR CAPITAL REPAIR FUNDING

 

COMMITTEE RECOMMENDATIONS

That Council approves the following:

1.         As it relates to Ottawa Community Housing Corporation’s property tax exemption:

a.         the updated list of designated properties owned by Ottawa Community Housing Corporation which qualify as affordable housing stock and therefore as municipal capital housing facilities as permitted under Section 110 of the Municipal Act, 2001 and as defined in section 2(1)18. of Ontario Regulation 603/06, as amended, to reflect disposals and acquisitions (set out in Document 1) since the last update approved by Council on September 13, 2017 (By-law No. 2017-297);

b.        the enactment of the By-law (Document 2) to amend By-law No. 2014-431, as amended by By-law No. 2015-119 and By-law No. 2017-297, to include the acquisitions and remove the disposals;

c.         the delegation of authority to the Chief Financial Officer to conclude and execute the necessary Municipal Housing Facilities Amending Agreement as described in this report and set out in Document 3 to include qualifying properties that have been acquired and disposed by OCHC since the last update;

d.        the delegation of authority to the Chief Financial Officer to amend the Municipal Housing facilities Agreement and submit the necessary by-law amendments for enactment per the usual administrative by-law process without the need for a report when OCHC acquires or disposes of affordable housing.

2.         As it relates to Ottawa Community Housing Corporation’s application for capital repair funding from the Canada Mortgage and Housing Corporation Co-Investment Fund:

a.         provide authority for OCHC to submit a CMHC Co-Investment Loan application under the housing repair and renewal stream, on or by December 31, 2020, up to a maximum of $166 million over the 2020-2028 fiscal period;

b.        require OCHC to redirect the savings from the education portion of the property taxes, generated through the property tax exemption recommended by this report, towards capital repairs to its affordable housing stock and/or to meet CMHC Co-Investment Loan capital contribution requirements and service the CMHC Co-Investment Loan debt related to capital repairs funding;

c.         provide authority for OCHC to meet CMHC Co-Investment Loan capital contribution requirements and service the portion of the CMHC Co-Investment Loan not covered by (i) OCHC’s required contribution, (ii) Infrastructure Ontario Refinancing Proceeds, and (iii) the property tax savings, with the annual benchmarked capital reserve funding they receive from the City each year and otherwise apply these benchmarked capital reserve funds to the capital repair reserve as is the current Operating Agreement requirement;

3.         Direct OCHC to report on the use of the savings from the education portion of the property taxes and the benchmarked capital reserve funding as part of their annual information return to the City’s Housing Services, in its capacity as the Service Manager; and

4.         Provide authority for OCHC to allocate, on an exceptional basis, the 2020 education portion of the property tax savings towards their 2020 operating deficit, and the 2021 education portion of the property tax savings towards their  2021 operating deficit if any, as opposed to servicing the CMHC Co-Investment Loan.

CARRIED

 

E.

CITY OF OTTAWA MUNICIPAL ACCESSIBILITY PLAN – ANNUAL UPDATE (2020)

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         Receive the 2020 City of Ottawa Municipal Accessibility Plan Update Report;

2.         Receive the 2019 City of Ottawa AODA Compliance Report for information, as outlined in Document 1 of this report.

CARRIED

As noted above, Item F on the Bulk Consent Agenda was lifted from the Bulk Consent Agenda for consideration as part of the regular Agenda.

 

G.

APPOINTMENTS TO THE BANK STREET BUSINESS IMPROVEMENT AREA

 

COMMITTEE RECOMMENDATION

That Council approve the appointments of Adam Wilson, Jessie Duffy and Vinayak Ethiraju to the Bank Street Business Improvement Area Board of Management for the 2018-2022 Term of Council or until a successor is appointed during the next term of Council.

CARRIED

 

H.

2019 BUSINESS IMPROVEMENT AREA AND SPARKS STREET MALL AUTHORITY - ANNUAL REPORTS AND AUDITED FINANCIAL STATEMENTS

 

COMMITTEE RECOMMENDATION

That Council receive the 2019 Business Improvement Area Annual Reports and Audited Financial Statements.

RECEIVED

 

PLANNING COMMITTEE REPORT 32

 

I.

PROPOSED RESIDENTIAL MURAL ONE-YEAR PILOT PROGRAM

 

COMMITTEE RECOMMENDATIONS

That Council:

1.         approve a one-year pilot for the Residential Mural Program, including the Residential Mural By-law and corresponding fee schedule, attached as Document 1 and as described in this report, to commence on the effective date of the by-law;

2.         delegate authority to the City Solicitor, Chief Building Official and Director of By-law and Regulatory Services to make any minor amendments to and finalize the Residential Mural By-law, and to amend the Permanent Signs on Private Property By-law accordingly, to reflect the intent of Council; and

3.         direct staff to report back no sooner than 12 months following the implementation of the program and by-law with the results of the pilot and recommendations.

CARRIED

 

J.

ZONING BY-LAW AMENDMENT – 3288 GREENBANK ROAD

 

COMMITTEE RECOMMENDATION

That Council approve an amendment to Zoning By-law 2008-250 for 3288 Greenbank Road to rezone the lands from Development Reserve (DR) to Mixed Use Centre (MC[xxx1], MC[xxx2], MC[xxx3]), Minor Institutional / Mixed Use Centre (I1A/MC[xxx1]), and Parks and Open Space (O1), to facilitate the development of 850 residential units within a draft approved subdivision and an associated public park, as shown in Document 2 and detailed in Document 3.

CARRIED

 

TRANSPORTATION COMMITTEE REPORT 12A

 

K.

MOTION - 40KM GATEWAY SPEED LIMIT BRITANNIA ROAD AREA

 

COMMITTEE RECOMMENDATION

That Council approve creating a gateway speed limit of 40km/h for the residential area east of Greenview Ave, north of Carling Ave and Richmond Rd and west of the Sir John A MacDonald Pkwy, with the cost of implementation of this designation to be funded through the Ward 7 Temporary Traffic Calming budget.

CARRIED

 

MOTION TO ADOPT REPORTS

MOTION NO 44/17

Moved by Councillor D. Deans
Seconded by Councillor C. A. Meehan

That the report from the Integrity Commissioner entitled “Report to Council on an Inquiry Respecting the Conduct of Councillor Chiarelli”; Agriculture and Rural Affairs Committee Report 17; Audit Committee Report 8; Built Heritage Sub-Committee Report 17; Community and Protective Services Committee Report 15; Standing Committee on Environmental Protection, Water and Waste Management Report 12; Finance and Economic Development Committee Report 18; Planning Committee Report 32; Transportation Committee Reports 12A and 13; and the report from the Planning, Infrastructure and Economic Development Department entitled “Briefing on proposed changes to the Conservation Authorities Act contained in Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020.”; be received and adopted as amended.

CARRIED

 

MOTIONS OF WHICH NOTICE HAS BEEN PREVIOUSLY GIVEN

The Motion of which notice was previously given at the October 28, 2020 Council Meeting was replaced on the agenda with the following revised motion pursuant to Subsection 59(5) of the Procedure By-law:

MOTION NO 44/18

Moved by Councillor M. Fleury
Seconded by Councillor K. Egli

WHEREAS on January 29, 2020, City Council unanimously endorsed a resolution that declared, "an Affordable Housing and Homelessness Crisis and Emergency"; and

WHEREAS on July 21, 2020, Royal Assent was given to Bill 184, being the Protecting Tenants and Strengthening Community Housing Act, 2020, which the Provincial Government stated would seek to end "renovictions", those evictions that occur when a landlord undertakes renovations to a rental property and then replaces the evicted tenants with those who would pay higher rents after the renovations are completed; and

WHEREAS on October 28, 2020 Council directed Mayor Watson to write to Ontario Premier Doug Ford and the Minister of Municipal Affairs and Housing seeking measures to ensure that no tenant in Ottawa would be evicted for households who cannot pay their rent, because of loss of income resulting from the COVID-19 crisis and, failing adoption of those measures, that provincial government restrict residential rental evictions due to tenants’ inability to pay their rent due to COVID-19 related income losses;

THEREFORE BE IT RESOLVED THAT staff prepare a report for consideration by Committee and Council that would outline all the municipal tools available to the City of Ottawa to prevent or prohibit such "renovictions" in the City of Ottawa, including a review of any by-laws, policies or programs that may be used by other municipalities in an effort to prevent the further loss of affordable rental units.

CARRIED

MOTION NO 44/19

Moved by Councillor. McKenney
Seconded by Councillor Leiper

         WHEREAS the buildings at 247, 249, 261, 263, 267 Rochester Street and 27 Balsam Street are in an advanced state of disrepair; and

WHEREAS there are neighbourhood concerns related to public safety and criminal activity in the buildings on the subject property; and

WHEREAS given the dilapidated condition of the buildings, the community has public safety concerns that make it in the public interest to demolish the buildings; and; 

WHEREAS there is currently no building permit application for any replacement building; and

WHEREAS the public safety concerns expressed by this community are common to other buildings in the area of the City where demolition control is applicable;

WHEREAS there are concerns with respect to environmental contamination of the property;

THEREFORE BE IT RESOLVED that Council approve demolition control for the existing building on the property at 247, 249, 261, 263, 267 Rochester Street and 27 Balsam Street subject to the following conditions;

1.    The registered Owner shall enter into an Agreement with the City of Ottawa to include the conditions specified in condition 2, below, and pay all costs associated with the registration of said Agreement.  At such time as a building permit is issued to redevelop the site and the replacement building is in place, the Agreement will become null and void and will be released upon request of the Owner.  The Owner shall pay all costs associated with the release of the agreement;

2.    The said Agreement shall include the following provisions:

a.    The Owner agrees that to the discretion of the General Manager, Planning, Infrastructure and Economic Development Department (“General Manager, PIED”), a replacement building must be substantially completed within seven years from the date of this approval and in default thereof, the City Clerk shall enter on the collector’s roll the sum of $5,960.00 for each of the five residential dwelling units to be demolished.

b.    The Owner agrees that demolition shall be limited to above ground structures and that underground structures are to remain in place.

c.    Following the removal of buildings, and prior to construction of a replacement building, the remaining at-grade surface must be completed with a hard surface to minimize rainwater infiltration.

d.    Prior to any demolition activities a designated substance survey shall be completed for all structures to be demolished. If any hazardous materials are identified they must be removed in accordance with provincial regulations prior to the commencement of any demolition activities. The City is to be provided with a hazardous material abatement report prior to commencing demolition.

e.    Until the time of the construction of the first replacement building, the registered Owner shall landscape the property to the satisfaction of the General Manager, PIED. The registered Owner shall prohibit the use of the property for other interim uses and maintain the property in accordance with the Property Standards By-law.

f.     The use of water as a dust suppressant during demolition is to be avoided. Any water used on site during demolition must be captured and contained for off-site disposal.

g.    The Owner shall pay one hundred percent securities to the City for the value of landscaping the property, with the securities to be released once these works are completed.

3.    The Owner agrees that a demolition permit will not be issued and the building cannot be demolished until such time that the agreement referenced herein has been executed and registered on title;

4.    This approval is considered null and void if the Agreement is not executed within six months of Council’s approval.

CARRIED

The resolution of the below-noted motion of which notice was previously given at the October 28, 2020 Council Meeting was revised at the meeting pursuant to Subsection 59(5) of the Procedure By-law.

MOTION NO 44/20

Moved by Councillor J. Leiper
Seconded by Councillor C. McKenney

WHEREAS on April 8, 2020, the Provincial Government made regulation 131/20 under the Municipal Act, 2001 stating that for 18 months 1. For the purposes of section 451.1 of the Act, a municipality does not have power to prohibit and regulate with respect to noise made in connection with the following:

1.            Construction projects and services in a municipality associated with the healthcare sector, including new facilities, expansions, renovations and conversion of spaces that could be repurposed for health care space, at any time of the day or night.

2.            Any other construction activity in a municipality between the hours of 6 a.m. and 10 pm; and

WHEREAS Ottawa’s Noise By-Law 2017-255 prohibits for construction sites or heavy equipment to operate in any structure, highway or building:

  • Monday-Saturday: Between 10 pm and 7 am
  • Sundays and holidays: Between 10 pm and 9 am; and

WHEREAS the same By-law Further limits are placed on the demolition and construction of buildings in established residential neighbourhoods and infill construction is not permitted:

  • Weekdays: Between 8 pm and 7 am
  • Weekends and holidays: Between 7 pm and 9 am; and

WHEREAS 295 complaints have been received by the City concerning construction projects that have begun before 7 am on weekdays and 9 am on weekends and holidays; and,

WHEREAS the mental and other health impacts of construction beginning at 6 am, seven days a week is being keenly felt by residents across Ottawa; and,

WHEREAS the issue of municipal control of by-laws is expected to be put before the Ontario Legislature in the coming weeks, asking the Government to restore to municipalities control of their noise by-laws;

THEREFORE BE IT RESOLVED that Council direct the Mayor to write to Premier Ford and Municipal Affairs and Housing Minister Steven Clark requesting that control of construction hours noise revert to the control of municipalities to help address the impacts from early morning construction on urban infill residential projects, as well as excavation and concrete pouring activities.

CARRIED

 

MOTIONS REQUIRING SUSPENSION OF THE RULES OF PROCEDURE

MOTION NO 44/21

Moved by Mayor J. Watson
Seconded by Councillor J. Sudds

That the Rules of Procedure be suspended to consider the following motion in order to allow staff to meet the November 27, 2020 deadline to secure the federal Rapid Housing Initiative funding.

WHEREAS on July 15, 2020, Council approved a 10 Year Housing and Homelessness Plan with targets to create between 5700 to 8500 new affordable housing options over the next ten years; and

WHEREAS the City cannot fund new affordable housing that will meet the need without support from other levels of government, and the Mayor, Chair of Community and Protective Services Committee and the Council Liaison for Housing and Homelessness have been communicating the priorities and urgent needs of the City for rapid housing funding from other levels of Government; and

WHEREAS, in response to the urgent need for affordable housing across the country, the federal government announced the Rapid Housing Initiative on September 21, 2020,  with the stated intent to create new affordable rental housing units for vulnerable and marginalized individuals within the next 12 months, with the funding to be delivered through the Canada Mortgage and Housing Corporation, such that the Rapid Housing Initiative will cover the construction of modular housing, the acquisition of land and the conversion of existing buildings into affordable housing, as long as that housing is completed within the 12-month time frame; and

WHEREAS the Rapid Housing Initiative is comprised of two streams:

  1. Major Cities Stream: which will flow directly to municipalities to ensure funds are directed to areas where chronic homelessness is most prevalent; and
  2. Projects Stream: which will prioritize applications received from Provinces, Territories, municipalities, Indigenous governing bodies and organizations, and non-profits based on the overall strength of the application; and

WHEREAS on October 23, 2020, the Government of Canada announced the Major Cities Stream allocations, which includes $31,929,038 for the City of Ottawa, subject to meeting the program criteria and timelines and conditional on the City creating a minimum of 83 units of new permanent affordable housing and prioritizing 30% of units targeting women and 15% of units  for urban Indigenous peoples; and

WHEREAS, staff is required to develop and submit the Investment Plan by no later than November 27, 2020, and the submitted plan must outline the capital projects that will be acquired/built/converted within the next 12 months, as well as the Rapid Housing Initiative funds to be allocated to each project, staff is requesting approval of recommendations that will allow the achievement of that goal and those new units; and

WHEREAS, to supplement the funding from the Major Cities Stream, the City of Ottawa also recommends requesting funding through the competitive Projects Stream, such that any potential Projects Stream allocation will also be considered as part of the investment plan submitted by November 27, 2020 and scored based on level of need, duration of affordability, expediency of delivery, availability of operational funding and additional capital contributions, and prioritization of certain vulnerable groups; and

WHEREAS, to submit a competitive application for the Projects Stream and to help support the City's 10-Year Housing and Homeless Plan, which includes the creation of affordable and supportive housing, staff is further recommending Council approve the allocation of funding from the following available affordable housing capital sources to strengthen the investment plan, maximize the Rapid Housing Initiative opportunities and create affordable housing in the community (referred to as the “Supplemental Funding Sources” in the resolutions of this motion) as follows:

  1. The Provincial allocation of $4M under the Social Services Relief Fund Phase 2, which must be committed by January 31, 2021 (“SSRF”);
  2. The annual Ontario Priorities Housing Initiative funding allocation of $4.6M, which must be committed by December 31, 2021 (“OPHI”);
  3. The $3M Council had earmarked from the 2020 Budget for the purpose of acquiring a hotel or motel for affordable housing.  As per the Information Previously Distributed at Finance and Economic Development Committee on September 1, 2020 no motel or hotel was identified for acquisition through the RFP process and staff was to report back to Council on alternate solutions (“2020 Budget”);
  4. A potential 2021 Municipal Budget allocation in the event capital funding for affordable housing is approved as tabled in the draft estimates of the City’s budget for 2021 (“2021 Budget”); and

WHEREAS the Rapid Housing Initiative is a capital-only program, and ongoing provincial government operating funding (housing benefits and support services funding) will be required to create supportive housing opportunities that will help address chronic homelessness which is a key priority for all governments, staff are also recommending Council's approval of the operating funding recommendations described in this motion, as supportive housing is critical to addressing the housing and health needs of residents, particularly those who are vulnerable and marginalized, and helping them to exit homelessness and improve their quality of life; and

WHEREAS these recommendations have been developed with the support of the Chief Finance Officer and City Treasurer and the City Solicitor; and

WHEREAS the timelines established by the federal government to meet the program requirements are extremely aggressive, and staff are recommending the delegated authority necessary to achieve the required fast-tracking that must be in place to create the affordable units within the 12-month period, and staff will provide an Information Report back to the Planning Committee and City Council in February 2021 with a progress update on the new affordable rental units to be completed using both the Rapid Housing Initiative Funding and the Supplemental Sources Funding, if the staff recommendations are approved;

THEREFORE BE IT RESOLVED that City Council:

  1. Delegate the authority to the Director, Housing Services, to enter into a Rapid Housing Initiative Agreement and/or related agreement(s) and amendments with the Canada Mortgage and Housing Corporation, the Government of Canada or any other federal entity necessary for the receipt and expenditure of funding under the Rapid Housing Initiative on such terms and conditions as are satisfactory to the Director, Housing Services, in consultation with the Corporate Real Estate Office and Legal Services;

 

  1. Direct the General Manager, Community and Social Services and the Director, Housing Services, in consultation with the Director, Corporate Real Estate Office, to develop an Investment Plan (the "Investment Plan"), outlining units that can be available for occupancy within twelve (12) months, in accordance with the terms and conditions of the Rapid Housing Initiative Agreement and any related program guidelines, and authorize its submission, and any subsequent updates, to the Canada Mortgage and Housing Corporation by November 27, 2020;

  2. Approve the receipt of the Rapid Housing Initiative program funds, in accordance with the terms and conditions of the Rapid Housing Initiative Agreement and any related agreements, directives or program guidelines;

 

  1. Approve the allocation of $31,929,038 (net $0) from the Rapid Housing Initiative and the Supplemental Funding Sources by the General Manager, Community and Social Services and the Director, Housing Services to support the acquisition by the City of selected housing providers of real estate interests suitable for the Rapid Housing Initiative, the purchase of modular housing, related pre-development and pre-construction costs (e.g. community engagement, planning, communications, environmental site assessments, cost consultant reports, permits, architectural or engineering reports, appraisals, legal/closing costs related to acquisition of land and buildings) and all other costs permitted under the Rapid Housing Initiative and the various programs included in the Supplemental Funding Sources to secure, develop and create affordable housing, in each instance on terms satisfactory to the General Manager, Community and Social Services and the Director, Housing Services, individually, and the Director, Corporate Real Estate Office;

 

  1. Approve an increase to the 2020 Capital Budget for Housing Services of $31,929,038 (net $0) funded from the Rapid Housing Initiative to enable staff to begin project commitments, with the final cash flow adjustments between 2020 and 2021 to be requested through the third-quarter variance report following completion of the Investment Plan;

  2. Delegate the authority to enter into agreements or other suitable arrangements with City departments, agencies, the Government of Ontario and/or its agencies, community agencies, private entities and/or individuals to allocate and deliver the Rapid Housing Initiative funding and Supplemental Funding Sources to the General Manager, Community and Social Services and the Director, Housing Services, in accordance with program guidelines and requirements;

  3. Allocate funding from the Rapid Housing Initiative or the Supplemental Funding Sources towards the non-exempt development charges, planning and permit fees and school board development charges for the projects to be developed as a result of this motion and direct staff to bring forward a Municipal Housing Capital Facility By-law to exempt property taxes for the supportive housing projects only. 

  4. Delegate the authority to approve the acquisition by the City of real estate interests suitable for the Rapid Housing Initiative and/or Supplemental Funding Sources, and to approve related pre-development and pre-construction costs (e.g. environmental site assessments, cost consultant reports, permits, architectural or engineering reports, appraisals, legal/closing costs related to acquisition of land and buildings), to the General Manager, Planning, Infrastructure and Economic Development, in consultation with the General Manager, Community and Social Services and the Director, Housing Services, in each instance on terms satisfactory to the General Manager, Planning, Infrastructure and Economic Development, in consultation with  the General Manager, Community and Social Services and the Director, Housing Services and in a form satisfactory to Legal Services, and provided that all related expenditures are to be funded through the Rapid Housing Initiative Agreement and/or the Supplemental Funding Sources.

  5. Delegate the authority to execute the agreements relating to the acquisitions referenced in Part 8 above, and any ancillary agreements and documents on behalf of the City of Ottawa, to the General Manager, Planning, Infrastructure and Economic Development and the Director, Corporate Real Estate Office;

  6. Direct the General Manager, Community and Social Services and the Director, Housing Services, in consultation with the Director, Corporate Real Estate Office, to inform local Councillors in advance of any commitment to purchase or develop properties using the Rapid Housing Initiative Funding and Supplemental Funding Sources in advance of any address being publicly released and to work with local Councillors on communication and community engagement.

  7. Delegate the authority to administer and manage all transactions to the Director, Corporate Real Estate Office, in consultation with the General Manager, Community and Social Services and the Director, Housing Services, including the provision of any consents, approvals, waivers, and notices, provided that they may, at any time, refer consideration of any such matters (including their content) to City Council for consideration and direction.

  8. Delegate the authority to negotiate and enter into any necessary non-competitive agreements, for which Council approval would normally be required under the Delegation of Authority By-law 2019-280, for the provision of professional services needed to complete the acquisition of suitable real estate interests and to carry out any necessary pre-development and pre-construction matters for the development of affordable housing under the Rapid Housing Initiative, to the Director, Corporate Real Estate Office and/or the General Manager, Community and Social Services and the Director, Housing Services, provided that:

a.    non-competitive procurement is necessary to meet the timelines of the Rapid Housing Initiative;

b.    the costs are eligible for and will be funded through the Rapid Housing Initiative and/or the Supplemental Funding Sources; and

c.    the terms and conditions of any such agreements are acceptable to the Director, Corporate Real Estate Office and in a form satisfactory to Legal Services.

  1. Direct the General Manager, Community and Social Services and the Director, Housing Services, in consultation with the Director, Corporate Real Estate Office, to bring forward an Information Report to the Planning Committee in February 2021 on the projects acquired and/or being funded through the Rapid Housing Initiative and the Supplemental Funding Sources, the allocation to priority groups and the impact on addressing chronic homelessness in the City;

  2. Direct City staff to prioritize and expedite the review of any real estate transactions and development applications identified as part of the Rapid Housing Initiative, including sites suitable for the construction of modular housing, land acquisitions, and the conversion of existing buildings to affordable housing, and identify ways to expedite the necessary building and planning approvals;

  3. Delegate the authority to act as the City's agent and to submit applications required to obtain required planning approvals for sites identified under the Rapid Housing Initiative to the Director, Corporate Real Estate Office;

  4. Delegate the authority to the Director, Housing Services to compensate the Corporate Real Estate Office on a direct cost-recovery basis for the provision of the following goods and services to be performed by CREO and its contractors, for eligible expenses related to:

a.    preparing the identified sites for construction, including undertaking necessary environmental studies and remediation, community consultations, planning and other consultant studies to support expedited delivery of the identified sites for modular supportive housing and creation of new housing through acquisition and conversion/restoration; and

b.    entering into and administering the contract or any other agreements required to be entered into with the manufacturer of modular units for the manufacture and installation of the modular units and/or with appropriate entitles to undertake conversion/restoration of properties acquired through the Rapid Housing Initiative;

  1. Suspend the Corporate Real Estate Acquisition Policy for initiatives and acquisitions considered under the Rapid Housing Initiative in order for staff to meet federal deadlines under the program;

  2. Delegate the authority to select non-profit housing providers and the amount of the funding allocation, based on the project, their capacity, experience and interest to own and operate the affordable and supportive housing units to be developed under the Rapid Housing Initiative and various programs captured in the Supplemental Funding Sources to the General Manager, Community and Social Services and the Director, Housing Services;

  3. Delegate the authority to negotiate and execute on behalf of the City, contribution agreements to allocate the Rapid Housing Initiative and Supplemental Funding Sources for a minimum of 20 years with the non-profit housing providers selected through the process referred to in Part 18 above, or a related corporation, to secure the financial assistance being provided and to set out the terms of the funding, including the ability for the housing provider, subject to their own corporate restrictions, to sole source a modular housing builder based on value and their ability to design and deliver a quality product in the required timeframe, and the operation of the new affordable rental housing, to the General Manager, Community and Social Services and the Director, Housing Services, on terms and conditions satisfactory to the General Manager, Community and Social Services and the Director, Housing Services, and in a form approved by Legal Services.

  4. Delegate the authority to negotiate and enter into any agreements with the non-profit housing providers selected, for any operating funding that may be available to the General Manager, Community and Social Services and the Director, Housing Services, on terms and conditions agreed to by the General Manager, Community and Social Services and the Director, Housing Services and in a form approved by Legal Services;

  5. Delegate the authority to execute, on behalf of the City, any security or financing documents required by the non-profit housing providers, including any postponement, confirmation of status, discharge or consent documents where and when required during the term of the contribution agreement, as required by normal business practices, to the General Manager, Community and Social Services and  the Director, Housing Services, provided that such documents do not give rise to financial obligations on the part of the City that have not been previously approved by City Council.

 

  1. Request that the Province of Ontario provide ongoing operating funding for case management, physical health and addiction and mental health supports, including funding for housing benefits, to ensure the units created under the Rapid Housing Initiative results in new supportive housing opportunities for at risk and marginalized individuals, including people experiencing homelessness.

CARRIED

 

MOTION NO 44/22

Moved by Councillor E. El-Chantiry
Seconded by Councillor G. Gower

BE IT RESOLVED that Council suspend the Rules of Procedure to permit the introduction of the following motion, in order to respond in a timely manner to support the local economy as a result of restrictions imposed to address the COVID-19 pandemic:

WHEREAS the COVID-19 pandemic continues to evolve and is causing significant economic effects across the world and locally in Ottawa; and

WHEREAS on March 17, 2020, an emergency related to the COVID-19 outbreak was declared in the whole of the Province of Ontario, pursuant to Section 7.0.1 of the Emergency Management and Civil Protection Act, as set out in Order in Council 518/2020; and

WHEREAS as part of the emergency declaration, restaurants and retail stores have been significantly limited in their operations, which has resulted in substantial local economic impacts; and

WHEREAS due to the ongoing COVID-19 situation and the anticipated capacity restrictions from the Province of Ontario and associated recommendations from Ottawa Public Health that physical distancing be practiced in order to decrease transmission, which will limit the capacities for restaurants and their outdoor patios into 2021; and

WHEREAS local businesses and the Economic Partners Task Force have advocated for less regulation to help small businesses as part of the recovery efforts; and

WHEREAS the City of Ottawa can continue to support the local economy by extending the Temporary Zoning By-law amendment for outdoor commercial patios and pop-up retail stores (By-law 2020-223)

THEREFORE, BE IT RESOLVED THAT Council approve the enactment of an amendment to Temporary Zoning By-law amendment 2020-223 for outdoor commercial patios and pop up retail stores to extend the duration of the temporary zoning to January 1, 2022.

CARRIED

MOTION NO 44/23

Moved by Councillor G. Gower
Seconded by Mayor J. Watson

WHEREAS the Planning Act permits a municipality to extend the period in respect of a zoning by-law appeal before the municipal appeal record must be sent to the Local Planning Appeal Tribunal if such is done within 15 days after the expiration of the appeal period; and

WHEREAS appeals have been received to By-laws 2020-288 and 2020-289 and the time frame for extending the period to send the record to LPAT expires on November 25, 2020;

Therefore Be It Resolved that the Rules of Procedure be waived to permit the introduction of the following motion:

WHEREAS Ottawa City Council adopted Zoning By-laws 2020-288 and 2020-289 respecting infill provisions on October 14, 2020; and

WHEREAS these by-laws have been appealed to the Local Planning Appeal Tribunal by the Greater Ottawa Home Builders Association(“GOHBA”); and

WHEREAS the GOHBA has indicated a willingness to have discussions to resolve these appeals; and

WHEREAS the Planning Act, subsection 34(20.1) permits a Council to utilize dispute resolution to seek to resolve a dispute and thereby extend from 15 days to 75 days the time period to provide the municipal appeal record to the Local Planning Appeal Tribunal;

THEREFORE BE IT RESOLVED THAT COUNCIL:

1.    Determines to utilize dispute resolution in respect of the appeals to By-laws 2020-288 and 2020-289; and

2.    Directs the City Solicitor to give notices of this intent to the Greater Ottawa Home Builders Association to invite the Greater Ottawa Home Builders Association to participate in such dispute resolution.

CARRIED

 


 

NOTICES OF MOTION (FOR CONSIDERATION AT SUBSEQUENT MEETING)

MOTION

Moved by Councillor C. McKenney
Seconded by            Councillor R. Brockington

WHEREAS Ottawa has one of the most expensive transit passes in Canada; and

WHEREAS Ottawa has one of the most expensive single-ride fares in Canada; and

WHEREAS the average processing time for an EquiPass is six weeks; and

 WHEREAS the requirement to provide proof of annual income is a barrier to applying to the EquiPass; and 

WHEREAS Canadian municipalities have moved from a single-price low income pass to a sliding scale fare;

THEREFORE BE IT RESOLVED that staff examine options for sliding scale fares and passes; and

BE IT FURTHER RESOLVED that staff examine options for eliminating the means test when applying for any low income or special pass; and

BE IT FURTHER RESOLVED that staff report to Transit Commission by Q2 2021 on their findings including how other cities are managing these issues.

 

NOTICE OF INTENT

 

·          

Notice of Intent from the Integrity Commissioner to submit the 2020 Annual Report to Council as part of the 2018-2022 Mid-term Governance Report at the City Council meeting of December 9, 2020.

 

 


 

MOTION TO INTRODUCE BY-LAWS

MOTION NO 44/24

Moved by Councillor D. Deans
Seconded by Councillor C. A. Meehan

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

That the following by-law be read and passed, in accordance with the Motion approved at today’s meeting:

A by-law of the City of Ottawa to amend By-law No. 2020-223, entitled, “A by-law of the City of Ottawa to amend By-law No. 2008-250 to temporarily allow a relaxation of regulations relating to outdoor commercial patios and pop-up retail stores.” to extend the duration of the temporary zoning to January 1, 2022.

CARRIED

 

BY-LAWS

 

THREE READINGS

 

2020-323.    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.

2020-324.    A by-law of the City of Ottawa to amend By-law No. 2003-499 respecting fire routes.

2020-325.    A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 2070 Scott Street and 328 Winona Avenue.

2020-326.    A by-law of the City of Ottawa to amend the Official Plan for the City of Ottawa to add a site-specific policy for the lands municipally known as 100 Bayshore Drive

2020-327.    A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of part of the lands known municipally as 100 Bayshore Drive.

2020-328.    A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 433, 435 Churchill Avenue North and 468, 472 Byron Place.

2020-329.    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 99 Parkdale Avenue.

2020-330.    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 2425 Bank Street.

2020-331.    A by-law of the City of Ottawa to amend By-law No. 2008-250 to change the zoning of the lands known municipally as 3288 Greenbank Road

2020-332.    A by-law of the City of Ottawa to amend By-law No. 2020-186 respecting expiry of the Temporary Mandatory Mask By-law

2020-333.    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 1385 Wellington Street

2020-334.    A By-law of the City of Ottawa to provide for amendments to the existing Regimbald Municipal Drain in Lots 23 and 24, Concession IX, Lots 22 and 23, Concession X and Lot 22, Concession XI, Cumberland Ward, former Township of Cumberland in the City of Ottawa and to repeal By-law No. 1417.

2020-335.    A by-law of the City of Ottawa to establish certain lands as common and public highway and assume them for public use (chemin Abb Road).

2020-336.    A by-law of the City of Ottawa to close part of Bridgeport Avenue on Registered Plan 4M-1494.

2020-337.      A by-law of the City of Ottawa to designate certain lands at place Keinouche Place, ruelle de Saintonge Lane, avenue de la Famille-Laporte Avenue, rue Antonio Farley Street and terrasse Kanashtàge Terrace on Plan 4M-1664, as being exempt from Part Lot Control.

2020-338.      A by-law of the City of Ottawa to amend By-law No. 2020-223, entitled, “A by-law of the City of Ottawa to amend By-law No. 2008-250 to temporarily allow a relaxation of regulations relating to outdoor commercial patios and pop-up retail stores.” to extend the duration of the temporary zoning to January 1, 2022.

2020-339.      A by-law of the City of Ottawa to amend the fees in By-law No. 2015-96 respecting the fees for planning applications.

2020-340.      A by-law of the City of Ottawa respecting the protection of municipal trees and municipal natural areas in the City of Ottawa and trees on private property in the urban area of the City of Ottawa, and to repeal By-laws 2009-200 and 2006-279.

CARRIED

 

CONFIRMATION BY-LAW

MOTION NO 44/25

Moved by Councillor D. Deans
Seconded by Councillor C. A. Meehan

That the following by-law be read and passed:

To confirm the proceedings of the Council meeting of November 25th, 2020.

CARRIED

INQUIRIES

Councillor R. King

1.      Through what mechanisms are requests for use of resources or assistance from the Ottawa Police Service considered by the City?

2.      At what level is the decision to assist or not assist the Ottawa Police Services delegated at?

3.      What kind of consultation within the City is done in assessing this request?

4.      In the early morning of Saturday 21st November 2020, reports from the clearing of the protest at Nicholas and Laurier Avenue indicated that City resources were used. While the presence of the paramedics seems to be fairly standard practice, the reports of the use of an OC transpo vehicle and City trucks does not. Can the City Manager please outline a timeline of events for the decision made to use the trucks on Saturday morning?

5.      In the aftermath when protestors were told where to pick up their belongings, the belongings were piled up outside 29 Hurdman Avenue, City property. Sacred objects including the grandfather drum, rattles and medicine were simply piled in with garbage on the side of the road. Indigenous elders have indicated that even when incarcerated, medicines are only removed from the cell of an Indigenous person and kept by an Elder. How was the decision made to leave the belongings on the side of the road? Did the City take any steps to consider how sacred indigenous items should be treated?

6.      Does the City have a policy on how personal items are to be treated generally? For example, personal items are lost and found on OC Transpo all the time. If there is a policy, why was it not applied in this case?

 

ADJOURNMENT

Council adjourned the meeting at 4:29 pm.

 

 

 

_______________________________                _______________________________

CITY CLERK                                                         MAYOR



[1] Note – at Council clarification was provided that the words “over a sixth bridge” in Committee Recommendation 5 referred to prioritizing these investments over investing in a sixth bridge, not that the STO tramway would cross over a sixth bridge.

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