Land Exchange of 529 Tremblay Road and 530 Tremblay Road with His Majesty the King in Right of Canada
ACS2022-PIE-CRO-0002 - Alta Vista (18)
Committee Recommendations as amended
That Council approve the following:
Declare a portion of 529 Tremblay Road legally described as part Lot 11, concession Gore Junction, Part 1, 2 and 3, on 5R9226; part blocks K and M, Plan 84, Part Catherine Street, Plan 84, Part 4, 5R9226, Gloucester, now in the City of Ottawa, containing approximately 1.184 hectares (2.926 acres) subject to final survey and shown annexed as Location Map 1 as surplus to City’s requirements;
Approve the Memorandum of Agreement, attached as Document 2 dated January 2022 between the City, Public Works and Government Services Canada, and Canada Lands Company Limited;
Direct that this report be submitted in the new term of Council at Council’s first regular meeting subsequent to the meeting where the Governance Report is considered; and
Authorize and Delegate the Director, Corporate Real Estate Office to negotiate, conclude, amend, and execute all documents incidental, necessary or desirable to give effect to the Memorandum of Agreement on behalf of the City, including the final documents to complete this transaction.
Direct staff to negotiate towards an amendment to the Memorandum of Agreement to include a commitment from CLC, should they acquire the surplus lands, for the provision that 20% of the units developed on the site are affordable housing, as defined through any program under the federal National Housing Strategy, for a minimum of 25 years, including that for affordable units, a maximum of 50% shall be one bedroom units, a minimum of 20% shall be two bedroom units, a maximum of 25% shall be bachelor units, and a minimum of 5% three or more bedrooms.
Motion – Waive the Disposal of Real Property Policy to transfer lands to Davidson Shea Properties Inc.
ACS2022 OCC FED 0007 - Stittsville (6)
Committee Recommendations as amended
That Council approve waiving the Disposal of Real Property Policy to enable the City to transfer a portion of the hydro corridor to accommodate either a public or private road, back to Davidson Shea Properties Inc. for a nominal charge.
Postponements and Deferrals
Councillor D. Brown
Moved by D. Brown
Seconded byM. Luloff
WHEREAS the Office of the Auditor General is empowered under the Municipal Act, 2001, and the Auditor General By-law, being By-law No. 2021-5 to be an independent, statutory officer who reports directly to City Council and is responsible for assisting Council in holding itself and its administrators accountable for the quality of stewardship over public funds and for the achievement of value for money in municipal operations; and
WHEREAS the Office of the Auditor General has previously undertaken audit functions focused on reviewing the efficiency of programs and service delivery targets; and
WHEREAS the Office of the Auditor General has the ability to retain external support to assist in program and services reviews; and
WHEREAS the 2023 Budget process is an expedited process due to the recent municipal election and a focused and comprehensive review of the City’s services and programs could inform the development of the 2024 budget and future budgets;
THEREFORE BE IT RESOLVED that Council request that the Office of the Auditor General consider undertaking an audit, constituting a comprehensive program and service review, in advance of the development of the 2024 Budget; and
THEREFORE BE IT RESOLVED that Council request that the Office of the Auditor General consider undertaking an audit, constituting a comprehensive program and service review, in advance of the development of the 2024 Budget; and
BE IT FURTHER RESOLVED that an upper limit of $300,000 be allocated from the Tax Stabilization Reserve to the Office of the Auditor General to cover the costs incurred by this review; and
BE IT FURTHER RESOLVED that Council request at the first meeting of the Finance & Economic Development Committee, that the Committee consider undertaking an immediate financial review to identify savings and efficiencies that could be recognized in the 2023 budget and future budgets in parallel with a longer-term structural review being undertaken by the Office of the Auditor General.
Councillor C. Curry
Moved by C. Curry
Seconded byG. Gower
WHEREAS the City is facing significant budget pressures caused by inflation, the covid pandemic and other government decisions; and
WHEREAS for the City to maintain a tax rate that residents consider to be manageable the City needs to continue to seek efficiencies in its operations; and
WHEREAS finding efficiencies requires knowledge of City operations and services as well as a process that involves both internal and external subject matter expertise; and
WHEREAS other cities and public institutions have undergone resource optimization initiatives within a reasonably short time frames; and
WHEREAS the majority of the citizens of Ottawa supported maintaining tax increases between 2 per cent and 2.5 per cent for 2023-2024 without cutting City services to residents; andWHEREAS a budget review process that could include a line item or branch review needs to be established; and
WHEREAS the governance report references greater transparency and tools to review the budget for both Council and citizens; and
WHEREAS the Auditor General routinely reviews various City branches and activities for value for money and program effectiveness;
THEREFORE, BE IT RESOLVED that the Finance and Economic Development Committee at its first meeting consider and propose a process to expedite a comprehensive program and service review including consideration of the extent to which the services of the Auditor General could be employed, other expertise engaged or a working group established involving Councillors, external subject matter experts and staff to complete the reviews.
In Camera Items
Motion to Adopt Reports
Councillors G. Gower and C. Kitts
Motions of Which Notice Has Been Previously Given
Councillor C. Curry
Moved by C. Curry
Seconded byM. Sutcliffe
WHEREAS the 2022-2026 Council Governance Review report outlines the requirement of the budget process for the Chief Financial Officer/Treasurer to annually present a directions report that details the budget timetable and provides budget directions in advance of each budget; and
WHEREAS the Proposed 2023 Budget Directions, Timeline and Consultation Process report outlines that City user fees and charges increase in accordance with the direction outlined in the Fiscal Framework or the Long Range Financial Plans; and
WHEREAS the Fiscal Framework sets the principles and recovery targets for municipal user fees. In general, the rate of increase in user fees is to be in relation to the cost increases associated with providing the service within the cost recovery; and
WHEREAS the Proposed 2023 Budget Directions, Timeline and Consultation Process report recommends the 2023 transit fare increase of 2.5 per cent will be included in the budget as it is consistent with Council direction provided through the 2019 Transit LRFP; and
WHEREAS many residents struggle with an ongoing affordability crisis amid an uncertain economic climate and require safe and affordable city services;
THEREFORE BE IT RESOLVED that the 2023 budget will include a transit fare freeze for one year, including seniors’ pass, EquiPass, and youth fares.
Councillor L. Dudas
Moved by L. Dudas
Seconded byM. Sutcliffe
WHEREAS the 2022-2026 Council Governance Review report outlines the requirement of the budget process for the Chief Financial Officer/Treasurer to annually present a directions report that details the budget timetable and provides budget directions in advance of each budget; and
WHEREAS the Proposed 2023 Budget Directions, Timeline and Consultation Process report outlines that City user fees and charges increase in accordance with the direction outlined in the Fiscal Framework or the Long Range Financial Plans; and
WHEREAS the Fiscal Framework sets the principles and recovery targets for municipal user fees. In general, the rate of increase in user fees is to be in relation to the cost increases associated with providing the service within the cost recovery; and
WHEREAS the COVID – 19 pandemic has had a significant impact on young people and has amplified issues of children and youth mental health, anxiety and food related disorders; and,
WHEREAS the pandemic has resulted in limited access to recreational programs and services for many children and young people in certain areas of the city; and
WHEREAS inflation has had a significant financial impacts on families across Ottawa;
THEREFORE BE IT RESOLVED that the 2023 youth recreational programing costs be decreased by 10% in recreation programs targeted to children and youth and that staff be directed to bring forward options to achieve the decreased costs through initiatives to offer free or low cost sessions for children and families in participatory activities such as public swimming, public skating, or to increase existing participant subsidization entitlements for low income families.
Councillor C. Kelly
Moved by C. Kelly
Seconded byM. Luloff
WHEREAS the City of Ottawa hosted a Rural Summit in November 2005 to address the results of the City’s 2004 Citizen Satisfaction Survey, which identified that Ottawa’s rural residents were significantly less satisfied with municipal services than urban residents; and
WHEREAS the first Rural Summit resulted in many improvements and new initiatives for rural Ottawa, including the creation of the Rural Affairs Office, an enhanced role of the Agriculture and Rural Affairs Committee to provide Council with advice on Ottawa’s rural economy and issues affecting rural residents, and the establishment of the Rural Association Partnership Program; and
WHEREAS the City hosted a second Rural Summit in April 2008 which served as an opportunity for rural residents and representatives of rural organizations from across Ottawa to reconvene to discuss ways of further improving networking and continue to build on the strengths of rural communities; and
WHEREAS the City of Ottawa has not hosted a Rural Summit for the past three terms of Council; and
WHEREAS issues impacting rural residents have continued to evolve since the last Rural Summit, including recent modifications to the City of Ottawa’s Urban Boundary and potential changes to the protection of rural lands proposed in Bill 23 (More Homes Built Faster Act);
THEREFORE BE IT RESOLVED that Council direct staff to report back to the Agriculture and Rural Affairs Committee by Q2 2023 with options to host a Rural Summit during the 2022-2026 Term of Council.
Councillor J. Leiper
Moved by J. Leiper
Seconded byG. Gower
WHEREAS Council approved on March 26, 2014, that as a condition of the rezoning of lands at municipal address 1040 Somerset Street West the owner was required to enter into an agreement pursuant to Section 37 of the Planning Act, as it then read, to provide community benefits consisting of a $500,000 payment to be allocated towards improvements to the Tom Brown Arena, included but not limited to, a stairway connection to the Albert Street bridge; and
WHEREAS a site plan application for this development was dormant for some time but the owner is now proposing to move forward with the development; and
WHEREAS the needs of the community have changed since the agreement was entered into;
THEREFORE BE IT RESOLVED THAT Council approve an amendment to the existing agreement replacing the original community benefits with a payment of Five Hundred Thousand Dollars ($500,000) plus indexing to be allocated as follows:
a cash contribution of One Hundred and Fifty Thousand Dollars ($150,000.00) towards road modifications of a signalized intersection at the corner of Somerset Street West and Breezehill Avenue North; and
a cash contribution of Three Hundred and Fifty Thousand Dollars ($350,000.00) towards the Hintonburg Park Fund; and
BE IT FURTHER RESOLVED THAT staff be directed to take necessary steps to finalize an agreement incorporating this amended term, and any other required amendments, and register the said agreement on title.
Councillor T. Kavanagh
Moved by T. Kavanagh
Seconded byM. Sutcliffe
WHEREAS the development of a single use plastics reduction strategy for city facilities and operations has been prioritized as an initiative in the solid waste master plan; and,
WHEREAS the final Master Plan will be tabled for Council consideration in 2023; and,
WHEREAS municipalities in Ontario and Canada in particular are limited in their regulatory abilities to completely eliminate plastic waste as it is a complex issue, requiring collaboration between all levels of government as well as industry; and,
WHEREAS Members of Council and staff continue to advocate our Federal and Provincial Government partners and industry to support reducing these materials;
THEREFOR BE IT RESOLVED that staff be directed to review all avenues within municipal jurisdiction to eliminate plastic waste in city facilities within the next term of council or as soon as is practicable; and
BE IT FURTHER RESOLVED that the goals and directions of the Solid Waste Master Plan supports the direction of reducing waste and increasing diversion of waste, including plastic waste, with the aim to promote the broader elimination of single use plastics within the community; and,
BE IT FURTHER RESOLVED that the city Immediately cease the purchase of single-use plastics such as straws and stir sticks whenever possible; and,
BE IT FURTHER RESOLVED that staff strive to reduce the impact of plastic waste on the natural environment by encouraging ways, (through recycling for example and highly engineered landfill waste management) to prevent it’s use and mitigate the secondary effects from polluting the natural environment and that staff report back on their efforts by Q1 2025 to the appropriate standing committee.
Councillor M. Carr
Moved by M. Carr
Seconded byG. Gower
WHEREAS the City of Ottawa currently manages a significant number of projects, including several over $100 million, including the Ottawa Public Library and Library and Archives Canada Joint Facility, Ādisōke, the Lansdowne Park Revitalization, the Stage 2 Light Rail Transit project; and
WHEREAS the recently released Final Report of the OLRT Public Inquiry Commissioner outlined numerous issues with project management, including those related to costing, scope, procurement, stakeholder, issue and risk management; and
WHEREAS the City’s report presented to the Finance and Economic Development Committee (FEDCO) on November 9, 2022 titled, “Update on the Ottawa Light Rail Transit Public Inquiry and Recommended Next Steps”, included the following recommendation:
Recommendation 3: Direct the Chief Financial Officer, in consultation with other City departments, to consider the lessons learned and any final recommendations from the OLRT Public Inquiry related to internal project governance and communications for major projects as part of the ongoing review of the City’s Business Case and Project Management Policy and Project Management Framework, as described in this report; and
WHEREAS the City of Ottawa currently has no Enterprise Project Management Office that provides oversight of all project initiatives
THEREFORE BE IT RESOLVED that Staff consider the implementation of tiering and gating as part of its review of the City’s Business Case and Project Management Policy and Project Management Framework
BE IT FURTHER RESOLVED that as part of its review of the City’s Business Case and Project Management Policy and Project Management Framework, staff consider examine an option to have an independent enterprise project management office established within the City to ensure oversight and respect for project management practices; and
BE IT FURTHER RESOLVED that Staff consider criteria for when to undertake an independent review during the project; and
BE IT FURTHER RESOLVED that Council direct the Acting Chief Financial Officer to bring the proposed amendments to the Business Case and Project Management Policy and Project Management Framework to the Finance and Economic Development Committee and Council for consideration and approval.
Councillor S. Menard
Moved by S. Menard
Seconded byM. Sutcliffe
WHEREAS the City of Ottawa has historically taken advantage of provincial development incentive grant programs including Brownfield Grant Program and the Community Improvement Plan; and,
WHEREAS staff is currently preparing a program review and update for the Brownfield and Community Improvement Plan and a report is anticipated in Q2 2023; and
WHEREAS the city remains committed to bring forward a revitalized and refreshed economic development strategy, Official Plan and Climate Change Master Plan; and
WHEREAS current programs need to be reviewed in the context of these plans and specifically the new Official Plan (transit supportive, affordable housing, climate change and energy evolution); and,
WHEREAS Brownfield and Community Improvement Plan (CIP) has been in place for a number of years with the goal to stimulate business investment in specific identified areas and to encourage rehabilitation, redevelopment, and revitalization of the existing built environment with limited impact; and,
WHEREAS a Community Improvement Plan (CIP) specific for affordable housing is currently in development and was intended to be an implementation tool to establish the most effective incentives for the delivery of affordable rental and ownership units throughout our community; and,
WHEREAS the Province of Ontario has introduced Bill 23, the More Homes Built Faster Act, 2022 and, Bill 109 More Homes for Everyone Act, 2022, which proposes extensive changes to several Acts and regulations including the Development Charges Act, Planning Act, Municipal Act; and,
WHEREAS Development Charges are critical to build the infrastructure needed to support development; and,
WHEREAS there are concerns that the recent provincial legislative changes would have significant impacts on municipal planning, financing, processes, and operational matters;
THEREFOR BE IT RESOLVED that the City’s Brownfield and Community Improvement Plan program be suspended effective immediately pending a full evaluation of these programs in light of the significant legislative changes occurring in Ontario related to provincial development charges programs and that staff report back in 2023 on the return on investment of continuing these programs in the current legislative and financial climate and that this review include options for the delivery of incentives for affordable housing, including not for profit rental and ownership units throughout the City.
Councillor S. Menard
Moved by S. Menard
Seconded byR. Brockington
WHEREAS on December 19, 2012, Council approved the report entitled, “Design, Build, Finance and Maintenance of Ottawa’s Light Rail Transit (OLRT) Project”; and
WHEREAS Council delegated to the City Manager the authority to negotiate, approve, execute, deliver, amend and extend the Project Agreement and associated ancillary agreements for the OLRT Project, subject to the terms and conditions described in that report; and
WHEREAS on March 9, 2022, Council approved Motion 29/2 directing staff to issue a Notice of Default to Rideau Transit Group (RTG) in accordance with the Project Agreement and ask for a remedial plan and schedule for remediation of its defaults, and delegated the authority to the City Manager to take any other actions required under the Project Agreement to give effect to Council’s decision; and
WHEREAS on October 13, 2021, Council directed staff to deliver a Notice of Dispute under the Project Agreement with respect to RTG Defaults, have the Defaults confirmed through the contractual dispute resolution process in the Agreement including, as necessary, asking the Court to confirm the validity of the RTG defaults and report back to Council on the outcomes of these actions; and
WHEREAS the 2022-2026 Council has now been provided with an in camera update on the various legal disputes arising from the Stage 1 LRT Project Agreement; and
WHEREAS the Ottawa LRT Commission Public Inquiry recently released its final report and included information that the City lessened the project agreement requirements for accepting the system at Revenue Service Availability, changed the project agreement requirement for total number of trains on the line to open the system and that The Commission found that memorandum from the city manager sought to deliberately “disseminate misinformation and hide critical facts from Council” so that Councillors could not properly exercise their oversight function; and
WHEREAS the Delegation of Powers Policy provides that all delegation of powers and duties may be changed by Council at any time;
THEREFORE BE IT RESOLVED that Council revoke the Delegated Authority to the Interim City Manager with respect to Stage 1 LRT Project Agreement amendments and direct the Interim City Manager to bring forward to Council for approval any required amendments related to the Stage 1 LRT Project Agreement; and
BE IT FURTHER RESOLVED that the Interim City Manager be directed to bring forward to Council a revised proposal for Delegated Authority with respect to the Project Agreement that would permit Council to retain substantive decision-making while ensuring minor or technical matters could continue to be managed by the subject matter expert staff.
Councillor G. Gower
Moved by G. Gower
Seconded byJ. Leiper
WHEREAS as of January 01, 2023 provincally-mandated review timelines enacted through Bill 109 for site plan control applications will be in effect; and
WHEREAS staff, pursuant to report ACS2022-PIE-GEN-0011 approved by Council on July 6, 2022, will return to Council with the Phase II report concerning Bill 109 in early 2023;
WHEREAS By-law 2009-320 requires that only site plan control applications which require public consutation pursuant to Section 41 of the Planning Act must submit a pre-consultation application; and
WHEREAS staff has identifed that Section 41 of the Planning Act does not require any site plan control applications to undertake pre-consultation and this statement in By-law 2009-320 is in error.
THEREFORE BE IT RESOLVED THAT Council approve amending By-law 2009-320 by striking the words “where public consultation is required pursuant to section 41 of the Planning Act” as contained in Section 2(c) of the By-law.
Councillor L. Dudas
Moved by L. Dudas
Seconded byC. Kelly
WHEREAS Ottawa City Council passed the residential Vacant Unit Tax (VUT) on March 23, 2022;
WHEREAS the VUT requires all 330,000+ residential property owners in Ottawa to proactively file a yearly declaration with the City of Ottawa;
WHEREAS failure to file a declaration will result in property owners facing: first a $250 fine (waived for 2023); and their property being deemed vacant and subject to the VUT;
WHEREAS the new VUT is the only tax or service administered by the City of Ottawa that follows this model: a yearly, reverse-onus-style approach required for all residential property owners;
WHEREAS the annual declarations will primarily be made online, with only limited options made available for accessibility and those who cannot access the internet;
WHEREAS this program ultimately disadvantages seniors, snowbirds, deployed military service personnel, those with disabilities, new Canadians, those with limited access to computers and/or the internet; etc.
WHEREAS the number of vacant properties ultimately subject to the VUT, was preliminarily estimated to be less than 2,500 units, between 0.5% and 0.75% of all 330,000+ residential units required to now make the annual declaration;
THEREFORE BE IT RESOLVED that staff report back to Council via memo, no later than June 30, 2023, with data related to the Vacant Unit Tax regarding:
The number of declared vacant units;
The number of deemed vacant units, due to no declaration being submitted by a property owner;
The number of late declarations from property owners;
BE IT FURTHER RESOLVED that staff report back to Council via memo, no later than October 30, 2023 with the preliminary data related to the Vacant Unit Tax regarding:
The number of Notices of Complaint received by the September 15th deadline (regardless of their assessment status);
The number of presumed final vacant units – those declared and/or not having their deemed vacant status contested;
The number of properties that would be subject to the waived late fees, as well as the dollar value of said fines;
The number of the complaints and/or inquiries received from residents regarding the new VUT program.
The number of declaration audits underway
Councillor S. Plante
Moved by S. Plante
Seconded byR. King
THEREFORE BE IT RESOLVED THAT By-law No. 2008-250 be amended to enact a holding symbol on the lands known municipally as 325, 327, 333 Montreal Road, 334 Montfort Street and 273 Ste. Anne Avenue.
Motions Requiring Suspension of the Rules of Procedure
Notices of Motion (for Consideration at Subsequent Meeting)
Motion to Introduce By-laws
Councillors G. Gower and C. Kitts
Three Readings
a) A by-law of the City of Ottawa to amend By-law No. 2017-180 respecting the appointment of Municipal Law Enforcement Officers in accordance with private property parking enforcement.
b) A by-law of the City of Ottawa to designate certain lands at chemin Miikana Road, croissant Wabikon Crescent, voie Gartersnake Way, and place Ninaatik Place on Plan 4M-1618 as being exempt from Part Lot Control.
c) A by-law of the City of Ottawa to govern the proceedings of the Council and its Committees and to repeal By-law No. 2021-24.
d) A by-law of the City of Ottawa to amend By-law No. 2018-400 respecting a code of conduct for Members of Council.
e) A by-law of the City of Ottawa to amend By-law No. 2018-399 respecting a code of conduct for members of local boards.
f) A by-law of the City of Ottawa to establish a code of conduct for the citizen members of the Built Heritage Standing Committee and to repeal By-law No. 2018-401.
g) A by-law of the City of Ottawa to amend By-law No. 2012-309 respecting a lobbyist registry and the position and duties of the Lobbyist Registrar.
h) A by-law of the City of Ottawa to amend By-law 2009-320 (Site Plan Pre-Consultation).
Confirmation By-law
Councillors G. Gower and C. Kitts
Inquiries
Adjournment
Councillors G. Gower and C. Kitts