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8TH REPORT OF THE

 

Community and Protective Services Committee

 

meeting held on June 21, 2016, commencing at 4:01 PM, in the Council Chambers, Second Floor, London City Hall. 

 

PRESENT:  Councillor V. Ridley (Chair), Councillors B. Armstrong, M. Salih and H.L. Usher and B. Mercier (Secretary).

 

ABSENT:  J. Zaifman.

 

ALSO PRESENT:  Councillors J. Helmer and T. Park; B. Baar, B. Coxhead, S. Datars Bere, A. Dunbar, S. Giustizia, O. Katolyk, J. Kobarda, G. Kotsifas, L. Livingstone, B. McLaughlin, D. Mounteer, D. O’Brien, M. Ribera, J. Richardson, J. Smout, S. Stafford, B. Warner, T. Wellhauser, B. Westlake Power, E. White and J. Winston.

 

 

I.

CALL TO ORDER

 

1.

Disclosures of Pecuniary Interest

 

That it BE NOTED that no pecuniary interests were disclosed.

 

II.

CONSENT ITEMS

 

2.

5th Report of the London Housing Advisory Committee

 

That the 5th Report of the London Housing Advisory Committee, from its meeting held on May 17, 2016 BE RECEIVED

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

3.

5th Report of the London Diversity and Race Relations Advisory Committee

 

That the 5th report of the London Diversity and Race Relations Advisory Committee, from its meeting held on May 19, 2016 BE RECEIVED

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

4.

Southwest Community Centre Joint Venture Agreement

 

That, on the recommendation of the Managing Director of Parks and Recreation and the Managing Director of Neighbourhood, Children and Fire Services, and with the concurrence of the Managing Director of Corporate Services and City Treasurer, Chief Financial Officer, the attached revised by-law BE INTRODUCED at the Municipal Council Meeting to be held on June 23, 2016 to:

 

a)         authorize and approve a Joint Venture Agreement among The Corporation of the City of London, the YMCA of Western Ontario and the London Public Library Board, as appended to the said by-law as Appendix ‘A’; and,

 

b)         authorize the Mayor and the City Clerk to execute the above-noted Agreement and any related agreements substantially in the form attached subject to the approval of the City Solicitor.  (2016-R05B)

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

 

5.

Phase 2 - Award of Construction Contract for the Southwest Community Centre - YMCA and Library

 

That, on the recommendation of the Managing Director, Parks and Recreation and the Managing Director, Neighbourhood, Children and Fire Services, the following actions be taken with respect to the award of the construction contract for the Southwest Community Centre:

 

a)          the award of the construction contract to Aquicon Construction Co. Ltd., 131 Delta Park Blvd., Brampton, Ontario, L6T 5M8, in the amount of $43,860,500.00 (excluding H.S.T.), BE APPROVED;

 

b)          the financing for the above-noted project BE APPROVED as set out in the Sources of Financing Report, appended to the staff report dated June 21, 2016;

 

c)          the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in the connection with the project;

 

d)          the approvals given herein BE CONDITIONAL upon the Corporation entering into a formal contract for the work; and,

 

e)          the Mayor and the City Clerk BE AUTHORIZED to execute a contract or any other documents, if required, to give effect to these recommendations.  (2016-R05B)

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

6.

London's Homeless Prevention System Contract Award

 

That, on the recommendation of the Managing Director of Neighbourhood, Children and Fire Services, the following actions be taken with respect to award of the London’s Homeless Prevention System contract:

 

a)         the proposal submitted by Kovacs Group Inc., 287 Oxford Street East, London, Ontario, N6A 1V3, to act as the Consultant for the Street Level Women at Risk Evaluation Project for a fee of $100,000 per year (plus H.S.T.) for three (3) years BE ACCEPTED; it being noted that the proposal submitted by Kovacs Group Inc. was the highest scoring submission and deemed to best meet the City’s requirements in all areas, and is in compliance with Section 12.0 of the Procurement of Goods and Services Policy;

 

b)         the Civic Administration BE AUTHORIZED to undertake all administrative acts which are necessary in relation to this project;

 

c)         the approval given herein BE CONDITIONAL upon the Corporation (Homeless Prevention Service Area) entering into a formal contract with the Consultant for the work; and,

 

d)         the funding for the above-noted project be SUBJECT TO the ongoing funding available under the Community Homelessness Prevention Initiative, City of London or the identification of other available funding sources.  (2016-S14/F17)

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

 

 

 

 

 

 

7.

Amendment to the Fireworks By-law

 

That, on the recommendation of the Fire Chief and with the concurrence of Managing Director of Neighbourhood, Children and Fire Services, the proposed by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016, to amend the Fireworks By-law (PW-11).  (2016-C01A)

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

8.

Purchase of Service Agreement - Addiction Services of Thames Valley to Deliver Addiction Services

 

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to:

 

a)         approve a Purchase of Service Agreement between the Corporation of the City of London and Addiction Services of Thames Valley;

 

b)         authorize the Mayor and the City Clerk to execute the above-noted Agreement; and,

 

c)         delegate to the Managing Director, Housing, Social Services and Dearness Home, or designate, the authority to act as the City’s representative with respect to the Agreement.  (2016-F17)

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

9.

Amendment to Purchase of Service Agreement - Ontario Works Employment Assistance Services

 

That, on the recommendation of the Managing Director, Housing, Social Services and Dearness Home, the by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016 to:

 

a)         approve the amending Agreement to the Agreement to the Employment Assistance Services Agreement with Goodwill Industries, Ontario Great Lakes; and,

 

b)         authorize the Mayor and the City Clerk to execute the amending Agreement. (2016-S04)

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

10.

Amendment to PH-7 Dogs Off Leash Area By-Law

 

That, on the recommendation of the Managing Director of Planning and City Planner, the by-law as appended to the staff report dated June 21, 2016 BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016, to repeal and replace Schedule “A” of By-law No. PH-7 entitled, “Dogs Off-Leash Areas By-law”.  (2016-R04)

 

 

 

 

 

 

 

 

III.

SCHEDULED ITEMS

 

11.

Extension of Hours for Amplified Sound a Country Music Week

 

That, on the recommendation of the Managing Director of Parks and Recreation, the by-law as appended to the staff report dated June 21, 2016, BE INTRODUCED at the Municipal Council meeting to be held on June 23, 2016, to amend section 13 of the Noise Policy of 2016 Special Events Policies and Procedures Manual, to extend the hours (from 11:00 p.m. to 1:00 a.m.) for sound arising from the outdoor stage on Talbot Street between King Street and Dundas Street during the 2016 Country Music Week on September 8, 9, 10, 2016; and,

 

it being noted that there is a pararell process in progress for the proposed Music, Entertainment  and Cultural District and that the public are encouraged to send comments and concerns regarding that matter to C. Parker, Senior Planner, for consideration;

 

it being further noted that the Community and Protective Services Committee received a communication dated May 31, 2016, from D. Lucy, 77 King Street, with respect to this matter;

 

it being pointed out that at the public participation meeting associated with this matter, the individuals indicated in the attached public participation meeting record made oral submissions in connection herewith.  (2016-M02)

 

Voting Record:

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to open Public Participation Meeting.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to close Public Participation Meeting.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

IV.

ITEMS FOR DIRECTION

 

12.

3rd Report of the Community Safety and Crime Prevention Advisory Committee

 

That the following actions be taken with respect to the 3rd Report of the Community Safety and Crime Prevention Advisory Committee from its meeting held on May 26, 2016:

 

a)         the Community Safety and Crime Prevention Advisory Committee (CSCP) BE ADVISED as to the lack of approval related to the request for the CSCP Chair to write letters to various organizations relating to Community Resources Officers, the Children’s Safety Village and Crossing Guards; it being noted that the CSCP reviewed the Municipal Council resolution from its session held on April 5, 2016, with respect to the 2nd Report of the CSCP from its meeting held on February 25, 2016, with respect to this matter;

 

b)         the Civic Administration BE REQUESTED to provide a presentation to the Community Safety and Crime Prevention Advisory Committee (CSCP) with respect to the Pedestrian Crossover Program; it being noted that the CSCP reviewed the Municipal Council resolution from its session held on May 3, 2016, with respect to this matter;

 

 

c)         N. Garrison BE INVITED to the next meeting of the Community Safety and Crime Prevention Advisory Committee (CSCP) to discuss “Defining and Applying Diversity: ‘Gender Lens’”; it being noted that the CSPC reviewed the Municipal Council resolution from its session held on May 3, 2016, with respect to this matter;

 

d)         the London Police Services BE REQUESTED at attend a future meeting of the Community Safety and Crime Prevention Advisory Committee (CSCP) to provide and discuss the statistics in relation to cars passing buses when the lights are flashing; it being noted that the CSCP received a communication from C. Mainland and R. Glenn, by e-mail, with respect to student safety concerns on Highbury Avenue; and,

 

e)         clauses 1, 2, 5 and 8 to 11, BE RECEIVED.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

13.

5th Report of the Accessibility Advisory Committee

 

 

That the following actions be taken with respect to the 5th Report of the Accessibility Advisory Committee from its meeting held on May 26, 2016:

 

a)         C. Smith, Acting Director of Community and Economic Innovation, BE REQUESTED to attend the next Policy Sub-Committee meeting to discuss the Community Diversity and Inclusion Strategy; it being noted that the Accessibility Advisory Committee was unable to accommodate the verbal delegation from C. Smith, Acting Director of Community and Economic Innovation and A. Zuidema, City Manager, with respect to this matter;

 

b)         the Civic Administration BE REQUESTED to provide a presentation to the next Accessibility Advisory Committee (ACCAC) meeting with respect to the Pedestrian Crossover Program; it being noted that the ACCAC reviewed the Municipal Council resolution adopted at its session held on May 3, 2016 with respect to this matter;

 

c)         the following actions be taken with respect to the Trails Focus Group update:

 

i)          the Guidelines for Management Zones and Trails in Environmentally Significant Areas, 2016 document BE AMENDED in Section 7.1.1 to replace the sentence at the end of the second paragraph with the following two sentences: “The Design of Public Spaces Standard (Ontario Reg 191/11) (“the Standard”) recognizes that there can be exceptional conditions where the need to provide accessible trails may need to be balanced with other legitimate concerns.  In such instances, the City is expected to meet the requirements of the Standard to the greatest extent possible”;

 

ii)         all references to Level 1 trail widths being 0.5 to 1.5 metres BE AMENDED to read 1.0 to 1.5 metres; and,

 

iii)         the Civic Administration BE ADVISED that the Accessibility Advisory Committee endorses the Guidelines for Management Zones and Trails in Environmentally Significant Areas, 2016 pending the completion of the proposed amendments noted in parts a) and b) above;

 

it being noted that the Accessibility Advisory Committee received heard a verbal presentation and received the attached communication from the Illustrated Technical Guide to the Accessibility Standard for the Design of Public Spaces from L. McDougall, Ecologist Planner, with respect to this matter; and,

 

d)         clauses 1, 2, 4 to 8, 10 to 12 and 14 and 15, BE RECEIVED.

 

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

14.

7th Report of the Animal Welfare Advisory Committee

 

That the following actions be taken with respect to the 7th Report of the Animal Welfare Advisory Committee from its meeting held on June 2, 2016:

 

a)         it BE NOTED that the Wildlife Sub-committee will work in conjunction with the Civic Administration to develop a strategy to address concerns with Canada Geese in Springbank Park and further that the development of the above-noted strategy BE ADDED to the 2016 AWAC work plan; it being noted that a verbal presentation from S. Stafford, Division Manager, Parks and Community Sports with respect to this matter, was received;

 

b)         the Civic Administration BE REQUESTED to include the Animal Welfare Advisory Committee (AWAC) in all communications with respect to the Springbank Dam in order for the AWAC to prepare and provide input related to animal welfare and urban wildlife, and that this matter BE ADDED to the 2016 AWAC work plan for approval;

 

c)         it BE NOTED that the Wildlife Sub-committee will work in conjunction with the Civic Administration in the development of a strategy, policy and/or by-law to address the feeding of wildlife and that this matter BE ADDED to the 2016 Animal Welfare Advisory Committee work plan; it being noted that a communication dated May 6, 2016, from S. Coppins with respect to this matter, was received;

 

d)         the attached revised 2016 Work Plan for the Animal Welfare Advisory Committee BE APPROVED; and,

 

e)         clauses 1 and 3 to 10, BE RECEIVED.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

15.

6th Report of the London Housing Advisory Committee

 

That the following actions be taken with respect to the 6th Report of the London Housing Advisory Committee from its meeting held on June 8, 2016:

 

a)         the Civic Administration BE INVITED to the December 2016, London Housing Advisory Committee (LHAC) meeting to provide an update on the anticipated fall arrival of additional Syrian refugees; it being noted that the LHAC heard a verbal presentation from J. Tansley, Specialist, Immigration, Housing, Social Services and Dearness Home, with respect to the community response to the Syrian refugees currently residing in London;

 

b)         A. Galloway BE REQUESTED to attend the Planning and Environment Committee Public Participation Meeting with respect to the Blackfriars/Petersville Area on behalf of the London Housing Advisory Committee; it being noted that the London Housing Advisory Committee received a Notice dated June 2, 2016, from A-B Watson, Planner II, with respect to the notice of public meeting before the Planning and Environment Committee for a Zoning By-law Amendment for the Blackfriars/Petersville area, was received;

 

c)         the Civic Administration BE REQUESTED to provide an update on the Protecting Vulnerable People at the next London Housing Advisory Committee meeting; and,

 

d)         clauses 1 and 3 to 7, BE RECEIVED.

 

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

16.

Existing Vehicle-for-Hire Industry

 

That, on the recommendation of the Managing Director, Development and Compliance Services and Chief Building Official, the following actions be taken with respect to private vehicles for hire:

 

a)         the report dated June 21, 2016, with respect to a summary of the public feedback on the form and regulation of the vehicle-for-hire industry, BE RECEIVED;

 

b)         the Civic Administration BE DIRECTED to hold a Public Participation Meeting to allow for public comment on proposed amendments to the Taxi and Limousine By-law, recognizing recent trends in the vehicle for hire industry with a focus on the municipal purposes of safety and consumer protection, quality of service and availability of service with an overarching principle of fairness and equal playing field for all vehicles for hire;

 

(c)       for the purposes of uncertainty of compliance with public safety regulations including commercial insurance, driver capabilities of performing commercial transportation services and vehicle safety, the Civic Administration BE DIRECTED to request that any electronic vehicle sourcing platforms used to  match passengers with unlicensed vehicles for hire (as they are currently not permitted) immediately stop operating in London until any future by-law amendments addressing vehicles for hire and brokers are in full force and effect;

 

d)         the previous Municipal Council resolution passed on September 29, 2015 relating to transportation network companies (TNCs) BE CONSIDERED when drafting the proposed by-law noted in part b), above; 

 

e)         the Civic Administration BE REQUESTED to remove the requirement for an English language proficiency exam in the draft by-law, for public comment; and,

 

f)         the Civic Administration BE DIRECTED to report back to the Community and Protective Services Committee with respect to additional restrictions that may be imposed, specific to those individuals who may have been convicted of operating a private vehicle-for-hire in contravention of the current Taxi and Limousine By-law; it being noted that this report may include a report in camera, containing advice that is subject to solicitor-client privilege;

 

it being noted that the Community and Protective Services Committee received a communication dated June 20, 2016, from C. Schafer, Public Policy Manager, Uber Canada, with respect to this matter.  (2016-P09)

 

Voting Record:

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to Approve part a)

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to Approve part b) as follows:

 

“b) That Civic Administration BE DIRECTED to hold a Public Participation Meeting to allow for public feedback on amendments to the Taxi and Limousine By-law recognizing recent trends in the vehicle for hire industry with a focus on the municipal purposes of safety and consumer protection, quality of service and availability of service with an overarching principle of fair competition and fair regulation of all vehicles for hire

 

Motion Failed

 

YEAS: V. Ridley, M. Salih (2)

 

NAYS: B. Armstrong, H.L. Usher (2)

 

Motion to Approve part b) of the staff recommended.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to Approve part c).

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to Approve part d).

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to Approve part e).

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to Approve part f).

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

Motion to receive the communication from C. Schafer, Uber.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

17.

Business Licensing By-law - New Categories and Proposed Regulations

 

That the following actions be taken with respect to the Business Licensing By-law - New Categories and Proposed Regulations:

 

a)         the Civic Administration BE REQUESTED to report back to the Community and Protective Services Committee (CPSC) at the July 19, 2016 meeting with a proposed amendment schedule;

 

b)         the Civic Administration BE REQUESTED to report back at a future CPSC meeting with a draft by-law amendment and thereafter hold a public participation meeting or a series of public participation meetings, with respect to new categories of businesses to be licensed as well as amendments to existing business category regulations;

 

it being noted that consultations with affected stakeholders will occur prior to presenting the proposed by-law amendments; it being further noted that the CPSC will proceed with the additional meeting dates of September 28 and October 26, 2016, as needed; and it being noted that the CPSC received the attached presentation from O. Katolyk, Chief Municipal Law Enforcement Officer, with respect to this matter.  (2016-P09)

 

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, H.L. Usher (3)

 

NAYS: M. Salih (1)

 

V.

DEFERRED MATTERS/ADDITIONAL BUSINESS

 

18.

Deferred Matters List

 

That the June 2016 Deferred Matters List for the Community and Protective Services Committee BE RECEIVED.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

 

19.

Syrian Refugee Initiatives

 

That it BE NOTED that the Community and Protective Services Committee heard a verbal delegation from the Managing Director of Housing, Social Services and Dearness Home, with respect to Syrian Refugee Initiatives.

 

Motion Passed

 

YEAS: B. Armstrong, V. Ridley, M. Salih, H.L. Usher (4)

 

VI.

CONFIDENTIAL

 

(Confidential Appendix enclosed for Members only.)

 

That the Community and Protective Services Committee convened in camera from 5:19 PM to 5:43 PM and from 6:45 PM (following a 15 minute recess) to 7:29 PM after having passed a motion to do so, with respect to the following matters:

 

C-1.

A matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a proposed acquisition of land; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed acquisition that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed acquisition.

 

C-2.

A matter to be considered for the purpose of instructions and directions to officers and employees of the Corporation pertaining to a lease of office space; advice that is subject to solicitor-client privilege, including communications necessary for that purpose; reports or advice or recommendations of officers and employees of the Corporation pertaining to a proposed acquisition of land; commercial and financial information supplied in confidence pertaining to the proposed acquisition the disclosure of which could reasonably be expected to, prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of the Corporation, result in similar information no longer being supplied to the Corporation where it is in the public interest that similar information continue to be so supplied, and result in undue loss or gain to any person, group, committee or financial institution or agency; commercial, information relating to the proposed lease that belongs to the Corporation that has monetary value or potential monetary value; information concerning the proposed acquisition whose disclosure could reasonably be expected to prejudice the economic interests of the Corporation or its competitive position; information concerning the proposed acquisition whose disclosure could reasonably be expected to be injurious to the financial interests of the Corporation; and instructions to be applied to any negotiations carried on or to be carried on by or on behalf of the Corporation concerning the proposed lease of office space.

 

C-3.

(ADDED) A matter pertaining to instructions and directions to officers and employees of the Corporation pertaining to advice that is subject to solicitor-client privilege, including communications necessary for that purpose as it relates to proposed changes to the Private Vehicles for Hire by-law.

 

VII.

ADJOURNMENT

 

              The meeting adjourned at 9:12 PM.

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