September 29, 2015

Original link

The Council meets in Regular Session in the Council Chambers this day at 4:00 p.m.

I.   DISCLOSURES

OF PECUNIARY INTEREST

Councillor B. Armstrong discloses a pecuniary interest in clause 13 of the 10th Report of the Community and Protective Services Committee, having to do with pay day loan and cheque cashing services, by indicating that he has a business interest in this matter.

Councillor P. Hubert discloses a pecuniary interest in clause 4 of the 22nd Report of the Corporate Services Committee, having to do with the single source procurement of custodial services for the South London Community Centre, by indicating that he is the Executive Director of a social services agency and is also associated with a non-profit cleaning company.

II.   REVIEW OF

CONFIDENTIAL MATTERS TO BE CONSIDERED IN PUBLIC

III.   ADDED

REPORTS

IV.   RECOGNITIONS (Continued)

1.   Disclosures of

Pecuniary Interest

That it BE NOTED that Councillor Armstrong disclosed a pecuniary interest in clause 13 of this Report having to do with pay day loans and cheque cashing services, by indicating that he has business interests relating to this matter.

V.   COMMITTEE

OF THE WHOLE, IN CAMERA

MOTION FOR IN CAMERA SESSION

Moved by Councillor M. van Holst

Seconded by Councillor P. Hubert

Approve that Council rise and go into Committee of the Whole, in camera, for the purpose of considering the following:

Motion Passed

Motion Passed

VI.   CONFIRMATION

AND SIGNING OF THE MINUTES OF THE TWENTY-FIFTH MEETING HELD ON SEPTEMBER 15, 2015

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve the Minutes of the 25th Meeting  held on September 15, 2015.

Motion Passed

Motion Passed

VII.   COMMUNICATIONS

AND PETITIONS

Moved by Councillor J. Helmer

Seconded by Councillor J. Morgan

Approve referral of the following communications, as noted on the public Added Agenda:

VIII.   MOTIONS OF

WHICH NOTICE IS GIVEN

IX.   REPORTS

Moved by Councillor M. Cassidy

Approve clauses 1, 2, 3, 5 and 6.

2.   His Worship the

Mayor and the Municipal Council recognize City of London employees who have achieved 25 years of service during 2015:   Development and Compliance Services: Mary Hicks, Barb Morck, and Kelly Wilding.   Housing, Social Services and Dearness Home: Aaron Beachey, Lynda Black, Deborah Ann Bumpus, Sandra Cruz, Magdolna Maria Domokos, Susan Drouin, Rosa Febbraro, Stephen J. Giustizia, Aristides Henriquez, Dale Kish, Shelley Kitson, Janet Matthews, Ildiko Orosi, Catherine Peters, Christina Riccobon, Christine Stacey, and Carie Wright.   Neighbourhood, Children and Fire Services: James Britton, David Brown, Chet Couture, Simon C. Dearing, Gwen Francis, Andre Jongepier, Steve Joudrey, Thomas B. Powell, Fred Radley, Peter Rowan, Brent Shea, and Dave Smith.   Environmental and Engineering Services: Jeff Huard.

Moved by Councillor M. Salih

Seconded by Councillor S. Turner

Approve an amendment to clause 9, to add an additional direction for the Civic Administration to apply to the Province with respect to fine amendments included in the Taxicab and Limousine Licensing By-law L.-129-51.

Motion Passed

Motion Passed

Moved by Councillor J. Helmer

Seconded by Councillor J. Zaifman

Approve a further amendment to clause 9, to add a new part c) as follows:   c)         subject to the confirmation of the information noted in b) above, the Civic Administration BE DIRECTED to report back, as soon as possible, to the Community and Protective Services Committee providing licensing options with respect to new ground transportation providers (TNCs) and provisions for “private vehicle-for-hire” options that would include, but not be limited to, the following   i)          prior to the issuance of a licence the licensee shall provide to the satisfaction of the City of London:   A.         proof of appropriate insurance; B.         proof of the adequacy of the TNC’s processes with respect to criminal background screening, driving record screening, motor vehicle inspections, electronic record keeping; C.        entering into an Agreement with the City of London to indemnify the City against any loss related to the use of TNC’s private vehicles for hire;   ii)         TNCs to obtain insurance coverage at a similar level to taxicabs and limousines that sufficiently protects the drivers and customers of private vehicles-for-hire;                                     iii)         TNCs to conduct criminal background and driving records checks of their drivers;                                                 iv)        TNCs to ensure that vehicles used by drivers are mechanically inspected by a licensed mechanic in a manner similar to taxicabs and limousines;   v)         TNCs to maintain and submit records as part of a mandatory audit process to ensure compliance with regulations:   vi)        TNCs to pay a licence fee on a flat-rate or per-ride basis, or combination thereof, that ensures full recovery by the City of the costs of creating, administering and enforcing a TNC licence category;   vii)       TNCs to ensure that they meet requirements under the Accessibility for Ontarians with Disabilities Act;   viii)       TNCs licence may be subject to revocation for non-compliance with related regulations.

At 8:36 PM  Mayor M. Brown places Councillor P. Hubert in the Chair and takes a seat at the Council board.   At 8:38 PM  Mayor M. Brown resumes the Chair and Councillor P. Hubert resumes his seat at the Council board.

Motion Passed

Motion Passed

Moved by Councillor J. Morgan

Seconded by Councillor A. Hopkins

Approve parts a) and b) of clause 9, as amended:   That the following actions be taken with respect to Vehicles for Hire - New Technologies:   a)            on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee in January/February 2016 on licensing regulations including, but not limited to:   i)          minimum and maximum fares; ii)         e-hail technologies; iii)         licensing fee structures; and, iv)        recent jurisprudence related to vehicle-for-hire technology apps;   it being noted that any amendments to the Taxicab and Licensing By-law adhere to the municipal purposes of health and safety, consumer protection and service quality to ensure an efficient vehicle-for-hire service is available to all persons including the travelling public and that such service is provided in a manner that provides a safe environment for both passengers and drivers; and,   b)         the Civic Administration BE DIRECTED to seek confirmation from the Financial Services Commission of Ontario of the approval and availability of insurance products for “Transportation Network Companies” and their drivers that could adequately protect passengers, drivers, and members of the public from risks associated with the operation of “Private Vehicles-for-Hire” it being noted that the Community and Protective Services Committee heard verbal delegations from C. Schafer, Uber Public Policy Manager and R. Caranci, Caranci Consulting and J. Kukurudziak, President, London Taxi Association and received a communication dated September 20, 2015 from Mr. Schafer, with respect to this matter.  (2015-P09A)

Motion Passed

Motion Passed

Moved by Councillor J. Helmer

Seconded by Councillor M. Cassidy

Approve part c) of clause 9, as amended:   c)         subject to the confirmation of the information noted in b) above, the Civic Administration BE DIRECTED to report back, as soon as possible, to the Community and Protective Services Committee providing licensing options with respect to new ground transportation providers (TNCs) and provisions for “private vehicle-for-hire” options that would include, but not be limited to, the following   i)          prior to the issuance of a licence the licensee shall provide to the satisfaction of the City of London:   A.         proof of appropriate insurance; B.         proof of the adequacy of the TNC’s processes with respect to criminal background screening, driving record screening, motor vehicle inspections, electronic record keeping; C.        entering into an Agreement with the City of London to indemnify the City against any loss related to the use of TNC’s private vehicles for hire;   ii)         TNCs to obtain insurance coverage at a similar level to taxicabs and limousines that sufficiently protects the drivers and customers of private vehicles-for-hire;                                     iii)         TNCs to conduct criminal background and driving records checks of their drivers;                                                 iv)        TNCs to ensure that vehicles used by drivers are mechanically inspected by a licensed mechanic in a manner similar to taxicabs and limousines;   v)         TNCs to maintain and submit records as part of a mandatory audit process to ensure compliance with regulations:   vi)        TNCs to pay a licence fee on a flat-rate or per-ride basis, or combination thereof, that ensures full recovery by the City of the costs of creating, administering and enforcing a TNC licence category;   vii)       TNCs to ensure that they meet requirements under the Accessibility for Ontarians with Disabilities Act;   viii)       TNCs licence may be subject to revocation for non-compliance with related regulations

Motion Passed

Motion Passed

Moved by Councillor M. Salih

Seconded by Councillor S. Turner

Approve part d) of clause 9, as amended   d)         the Civic Administration BE DIRECTED to apply to the Province with respect to fine amendments included in the Taxicab and Limousine Licensing By-law L.-129-51

Motion Passed

Motion Passed

3.   5th Report of the

London Housing Advisory Committee

That the 5th Report of the London Housing Advisory Committee from its meeting held on September 8, 2015, BE RECEIVED.

5.   London’s Homeless

Prevention System - Housing Stability Bank

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to the award of the contract for the Request for Proposal (RFP) 15-37, Housing Stability Bank Services:   a)         the proposal submitted by The Salvation Army Centre of Hope, 281 Wellington Street, London ON, N6B 2L4, at a fiscal budget (2016/2017) of $2,672,496, BE ACCEPTED; it being noted that the bid submitted by The Salvation Army Centre of Hope was the only bid received and meets the City’s terms, conditions and specifications;   b)         the funding for this service, in the amount of up to $3M per fiscal year, BE APPROVED; it being noted that the funding will commence on a pro-rated basis on January 1, 2016; and,   c)         the funding approval, noted in b) above, is SUBJECT TO the ongoing funding available under the Provincial Community Homelessness Prevention Initiative, City of London and other funding sources.  (2015-S14)

6.   Approval of By-law

for Amendment to the 189 Dundas Developments Inc. Municipal Contribution Agreement (Related to Bill No. 332)

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director, Housing, Social Services and Dearness Home, the proposed by-law, as appended to the staff report dated September 22, 2015, with respect to the 189 Dundas Developments Inc. project at 189 Dundas Street, BE INTRODUCED at the Municipal Council meeting to be held on September 29, 2015 to:   a)         authorize an amending Municipal Contribution Agreement, substantially in the form of an agreement appended to the above-noted by-law and to the satisfaction of the City Solicitor; and,   b)         authorize the Mayor and the City Clerk to execute the said amending Agreement.  (2015-L04A/CO1)

4.   London’s Homeless

Prevention System - Progress Report and Update

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the London Homeless Prevention System Progress Report and update dated September 22, 2015, BE RECEIVED for information.  (2015-S14)

7.   Assignment of

Rental Component of Administration Agreement for the Investment in Affordable Housing for Ontario (2014 Extension) to the Housing Development Corporation, London

That, on the recommendation of the Director of Municipal Housing, with the concurrence of the Managing Director, Housing, Social Services and Dearness Home, the following actions be taken with respect to the Administration Agreement for the Investment in Affordable Housing for Ontario (2014 Extension) Program, dated October 31, 2014:   a)         the responsibility for the delivery of the Investment in Affordable Housing (2014 Extension) Program Rental Housing component BE ASSIGNED to the Housing Development Corporation, London; and,   b)         the Mayor BE AUTHORIZED to correspond with the Ministry of Municipal Affairs and Housing, requesting the consent for this assignment, as per section 13.23 of the above-noted Administration Agreement.  (2015-L04A/S11)

8.   7th and 8th Reports

of the London Diversity and Race Relations Advisory Committee

That the following actions be taken with respect to the 7th and 8th Reports of the London Diversity and Race Relations Advisory Committee (LDRRAC) from its meetings held on August 20, 2015 and September 17, 2015, respectively:   a)         the following actions be taken with respect to the Policy and Planning Sub-Committee:   i)          the Public Participation Meeting for the LDRRAC name change BE SCHEDULED for October 2015, and BE HELD at a central location;   ii)         the Policy and Planning Sub-Committee minutes from its meeting held on August 6, 2015, BE RECEIVED; and,   iii)         the attached London Diversity and Race Relations Advisory Committee Work Plan – 2015, BE RECEIVED;     b)         the following actions be taken with respect to the Award and Recognition Sub-Committee:   i)          the Civic Administration BE DIRECTED to bring forward a by-law to enact the attached revised Council Policy 1(10), with respect to the “Diversity, Race Relations and Inclusivity Award”;   ii)         the attached revised Diversity, Race Relations and Inclusivity Award Nomination Form BE APPROVED; and,   iii)         the Awards and Recognition Sub-Committee minutes from its meeting held on August 10, 2015, BE RECEIVED;   c)         the communication, “In and Out, Diverging Perspectives on LGBT Inclusion in the Workplace”, received from the Canadian Centre for Diversity and Inclusion, BE FORWARDED to the office of the Fairness Commissioner,  for review and with a request for comment to the London Diversity and Race Relations Advisory Committee.   d)         the following actions be taken with respect to Police Street Check Practices:   i)          clause 10 part a) of the 7th Report of the London Diversity and Race Relations Advisory Committee (LDDRAC), having to do with police street check practices, BE REFERRED to the Police Services Board for consideration during their review of this matter; it being noted that 10a) reads as follows:   “a)        the London Police Services Board BE REQUESTED to consider the following with respect to Police street check practices in the City of London:   i)      directing the London Police Service to halt the current street check practice pending the completion of the local and provincial street check practice review; ii)     providing statistics demonstrating to the LDRRAC how the current street check practice assists as a crime-prevention, crime-solving tool; iii)    publicly posting street check statistics, in a timely fashion;     iv)   including the London Diversity and Race Relations Advisory Committee in all future public communications with respect to the street check practices; and, v)    providing a presentation with respect to the current street checks practices at a future meeting of the LDRRAC”;   ii)         a representative of the Human Rights Commission, a “human rights” Lawyer and the Ontario Ombudsman BE INVITED to submit information and or attend a future meeting of the LDRRAC to provide additional information with respect to this matter;   it being noted that the LDRRAC is concerned with the practice of street checks and considers it to be a form of racial discrimination; and,   e)         clauses 1, 4, 5, 6, 8, 9 and 11 of the 7th Report, BE RECEIVED.   f)          the Civic Administration BE REQUESTED to consider the Advancing Equality and Inclusion – A Guide for Municipalities (City for All Women Initiative, Ottawa) in the preparation of the Community Diversity and Inclusion Strategy; it being noted that consideration of this publication was deferred from the August 20, 2015 London Diversity and Race Relations Advisory Committee meeting;   g)         the following actions BE CONSIDERED, in conjunction with work already underway by the Civic Administration with respect to the final report of the Truth and Reconciliation Commission of Canada (TRC):   i)              providing information to the London Diversity and Race Relations Advisory Committee (LDRRAC), from the Civic Administration, with respect to the Civic Administration’s review of the TRC “calls to action”; ii)             developing Indigenous cultural competency training for all municipal employees; iii)            reviewing and potentially endorsing the attached United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); and, iv)           developing a prominent memorial in London, acknowledging the history of Canada’s residential school system and its former students;   it being noted that a verbal presentation was received from S. Morrison with respect to this matter which is further detailed at http://www.trc.ca/websites/trcinstitution/index.php?p=890   h)         clause 10 of the 8th Report, BE REFERRED to the Mayor and the Advisory Panel on Poverty for consideration; it being noted that clause 10 reads as follows:               “the Mayor BE REQUESTED to consider expanding the membership of the Advisory Panel on Poverty to include representatives of diverse populations that are disproportionately impacted by poverty; it being noted that the LDRRAC recognizes the value of the current membership of the Panel and supports the initiative taken by the Panel on this important matter”; and,   i)          clauses 1 to 6 and 9 of the 8th Report, BE RECEIVED.

Moved by Councillor J. Morgan

Seconded by Councillor P. Hubert

Approve that parts b)i) and b)ii) BE REFERRED to the City Clerk to review and report back at a future meeting of the Community and Protective Services Committee with a recommendation with respect to the proposed changes being recommended by the London Diversity and Race Relations Advisory Committee to Council Policy 1(10) – Diversity, Race Relations and Inclusivity Award.

Motion Passed

Motion Passed

Moved by Councillor J. Morgan

Seconded by Councillor M. Salih

Approve clause 8, as amended.

Motion Passed

Motion Passed

9.   Vehicle for Hire -

New Technologies

That the following actions be taken with respect to Vehicles for Hire - New Technologies:   a)         on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee in January/February 2016 on licensing regulations including, but not limited to:   i)          minimum and maximum fares; ii)          e-hail technologies; iii)         licensing fee structures; and, iv)        recent jurisprudence related to vehicle-for-hire technology apps;   it being noted that any amendments to the Taxicab and Licensing By-law adhere to the municipal purposes of health and safety, consumer protection and service quality to ensure an efficient vehicle-for-hire service is available to all persons including the travelling public and that such service is provided in a manner that provides a safe environment for both passengers and drivers; and,   b)         the Civic Administration BE DIRECTED to seek confirmation from the Financial Services Commission of Ontario of the approval and availability of insurance products for “Transportation Network Companies” and their drivers that could adequately protect passengers, drivers, and members of the public from risks associated with the operation of “Private Vehicles-for-Hire”.   it being noted that the Community and Protective Services Committee heard verbal delegations from C. Schafer, Uber Public Policy Manager and R. Caranci, Caranci Consulting and J. Kukurudziak, President, London Taxi Association and received a communication dated September 20, 2015 from Mr. Schafer, with respect to this matter.  (2015-P09A)

Moved by Councillor J. Morgan

Seconded by Councillor B. Armstrong

Approve an amendment to clause 9, by adding the following new part c):   c)         that the following actions be taken with respect enforcement of the City of London’s Taxicab and Limousine Licensing By-law L.-129-51, as amended:   i)          the Civic Administration BE DIRECTED to make the necessary arrangements to put in place, as quickly as possible, additional resources to provide for enhanced enforcement of the above-noted by-law;   ii)             the one-time funding for this service, in the amount of $200,000 for the 2015/2016 period from the Operating Budget Contingency Reserve BE APPROVED; and   iii)            the ongoing funding for this service in the amount of $200,000 per fiscal year BE ADDED to the base budget.

Motion Failed

Motion Failed

10.   Status Report -

Category 7 Refreshment Vehicles - Food Trucks

That, on the recommendation of the Managing Director, Development and Compliance Services and the Chief Building Official, the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee in December 2015/January 2016, with respect to the following issues related to food truck regulations:             a)         cap on number of licenses; b)         parking fee; and, c)         locational regulations pertaining to restaurants and schools;   it being noted that a public participation meeting of the Community and Protective Services Committee will be held if the review recommends any by-law amendments.  (2015-P09)

11.   E-bikes on

Sidewalks

That the request for delegation status from Brenda Fuhrman, with respect to e-bikes on sidewalks, BE APPROVED and that Ms. Fuhrman BE INVITED to attend the October 20, 2015 Community and Protective Services Committee meeting.

12.   Deferred Matters

List

That the September 2015 Deferred Matters List for the Community and Protective Services Committee, BE RECEIVED.

Motion Passed

Motion Passed

13.   Pay Day Loan and

Cheque Cashing Services

That the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee with respect to the following matters related to pay day loan businesses and cheque cashing services:   a)         what measures, if any, that are available to the municipality to protect the consumer with respect to costs charged for services provided by pay day loan and cheque cashing businesses;   b)         what measures, if any, that could be taken by the municipality to improve the sharing of information to bring greater awareness to potential customers of pay day loan businesses and cheque casing services with respect to the costs for the use of such services;   c)         the ability of the municipality to require such businesses to be licensed by the municipality;   d)         providing the location of existing businesses;   e)         providing potential alternatives, if any, that may be available to the municipality to address the barriers in place preventing cashing of cheques and the need for pay day loans; and,   f)         providing an update with respect to actions taken by Municipal Council at the meeting of October 3, 2011 related to clause 2 of the 16th Report of the Community and Neighbourhoods Committee, as appended to the communication dated September 20, 205 from Councillors M. Salih and J. Morgan.  (2015-S12)

Moved by Councillor P. Hubert

Seconded by Councillor M. Salih

Approve that clause 13 be amended to add new parts g) and h) as follows:   g)         the Civic Administration BE REQUESTED to look at positive ways to increase the financial literacy quotient of our community; and   h)         the Minister of Government and Consumer Services BE COPIED on this resolution of the Municipal Council.

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor M. Salih

Approve clause 13, as amended

Motion Passed

Motion Passed

Moved by Councillor P. Hubert

Seconded by Councillor V. Ridley

Approve that it BE NOTED that the Committee of the Whole met, in camera, for the purpose of considering the following:   a)         A matter pertaining to litigation currently before the Ontario Superior Court of Justice, Court files No. 61809/09 No. 1554/10 and No. 1555/10 affecting the municipality and advice that is subject to solicitor-client privilege, including communications necessary for that purpose. (C1/22/CSC)   b)         A matter pertaining to reports, advice and recommendations of officers and employees of the Corporation concerning labour relations and employee negotiations in regard to one or more of the Corporation’s associations, unions and employee groups. (C2/22/CSC)

Motion Passed

Motion Passed

X.   DEFERRED

MATTERS

XI.   ENQUIRIES

XII.   EMERGENT

MOTIONS

XIII.   BY-LAWS

BY-LAWS TO BE READ A FIRST, SECOND AND THIRD TIME:

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve Introduction and First Reading of Bill No.s 331 to 340.

Motion Passed

Motion Passed

Moved by Councillor M. van Holst

Seconded by Councillor T. Park

Approve Second Reading of Bill No.s 331 to 340.

Motion Passed

Motion Passed

Moved by Councillor S. Turner and seconded by Councillor J. Zaifman

Approve Third Reading and Enactment of Bill No.s 331 to 340.

Motion Passed

Motion Passed

XIV.   ADJOURNMENT