Council

That the agenda for the January 25, 2023 meeting of Council be approved, as amended. Result: Motion

That the Minutes of the December 7, 2022 meeting of Council be approved, as presented. Result: Motion

That Council Communications 5.1, 5.2 and 5.4 to 5.18 be approved, as presented, as follows: 5.1 Correspondence from Ontario's Big City Mayors (OBCM) respecting a request for an extension for all municipalities who received the Streamline Development Approval Fund. Recommendation: Be received. 5.2 Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing updating municipalities on key initiatives underway at the Ministry of Municipal Affairs and Housing to help meet the government's goal of building 1.5million new homes over the next 10 years. Recommendation: Be received. 5.4 Correspondence respecting Bill 23, More Homes Built Faster Act: (a) Municipality of North Perth (b) City of Kingston (c) Northumberland County (d) Greater Napanee (e) Municipality of Marmora and Lake (f) Norfolk County (g) County of Brant Recommendation: Be received and referred to the General Manager of Planning and Economic Development for appropriate action. 5.5 Correspondence from the Honourable Steve Clark, Minister of Municipal Affairs and Housing in response to municipal feedback regarding the More Homes Built Faster Act, in particular, the suggested impact the legislation could have on the ability of municipalities to fund infrastructure and services that enable housing. Recommendation: Be received. 5.6 Correspondence from the Municipality of Tweed requesting support for their resolution petitioning the Ontario Energy Board to regulate natural gas bill costs to leve

That Council move into Committee of the Whole for consideration of the Committee Reports. Result: Motion

That General Issues Committee (Special) Report 22-024, being the meeting held on Tuesday, December 6, 2022, be received. Council Minutes 23-001 January 25, 2023 Page 8 of 49 Result: Motion on General Issues Committee (Special) Report 22-024,

That General Issues Committee (Special) Report 23-002, being the meeting held on Thursday, January 12, 2023, be received and the recommendations contained therein be approved. Result: Motion on General Issues Committee (Special) Report 23-002,

That General Issues Committee (Special) Report 23-003, being the meeting held on Thursday, January 12, 2023, be received and the recommendations contained therein be approved. Result: Motion on General Issues Committee (Special) Report 23-002,

That Board of Health Report 23-001, being the meeting held on Monday, January 16, 2023, be received and the recommendations contained therein be approved. Result: Motion on the Board of Health Report 23-001,

That Public Works Committee Report 23-001, being the meeting held on Monday, January 16, 2023, be received and the recommendations contained therein be approved. Result: Motion on the Public Works Committee Report 23-001,

That Planning Committee Report 23-001, being the meeting held on Tuesday, January 17, 2023, be received and the recommendations contained therein be approved. Due to a declared conflict, Item 2 was voted on separately as follows: 2. Applications for Official Plan Amendment and Zoning By-law Amendment for Lands Located at 3250 and 3260 Homestead Drive (PED23002) (Ward 11) (Item 10.1) (a) That Official Plan Amendment Application UHOPA-22-010, by UrbanSolutions Planning and Land Development Consultants (c/o Matt Johnston), on behalf of 1333664 Ontario Inc. (c/o Mike Valvasori, Owner) to redesignate lands municipally known as 3250 Homestead Drive from “District Commercial” to “Mixed Use – Medium Density” on Schedule E-1 in the Urban Hamilton Official Plan and from “District Commercial” to “Mixed Use – Medium Density” in the Mount Hope Secondary Plan, to permit a three storey, 40 unit multiple dwelling on the subject lands and abutting lands, known as 3260 Homestead Drive, as Council Minutes 23-001 January 25, 2023 Page 11 of 49 shown on Appendix “A” attached to Report PED23002, be APPROVED on the following basis: (i) That the draft Official Plan Amendment, attached as Appendix “B” to Report PED23002, be adopted by City Council; (ii) That the proposed Official Plan Amendment is consistent with the Provincial Policy Statement (2020) and conforms to the Growth Plan for the Greater Golden Horseshoe (2019, as amended); (b) That Zoning By-law Amendment Application ZAC-22-020, by UrbanS

That General Issues Committee Report 23-004, being the meeting held on Wednesday, January 18, 2023, be received and the recommendations contained therein be approved. Mayor Horwath relinquished the Chair to Deputy Mayor Danko. Council Minutes 23-001 January 25, 2023 Page 14 of 49 Due to a declared conflict, Item 4 was voted on separately as follows: 4. Residential Vacant Unit Tax Program Framework (FCS21017(c)) (City Wide) (Item 8.2) (a) That the Residential Vacant Unit Tax program framework as detailed in Appendix “A” to General Issues Committee Report 23-004 be approved; (b) That the City Solicitor be authorized and directed to prepare all necessary by- laws for the purposes of levying and collecting the Residential Vacant Unit Tax for the 2023 reference year; (c) That any annual net operating revenues of the Residential Vacant Unit Tax Program be transferred to a new Affordable Housing Reserve for affordable housing initiatives after the implementation costs are repaid to the Investment Stabilization Reserve 112300; (d) That a late mandatory declaration fee under the Residential Vacant Unit Tax Program of $250 be charged; and, (e) That staff be directed to report back with the findings from the first year of the Residential Vacant Unit Tax as part of an annual reporting requirement. Result: Motion on Item 4 of the General Issues Committee Report 23-004,

That sub-section (b) of Item 13 of the General Issues Committee Report 23-004, respecting Draft Terms of Reference for a Climate Change Advisory Committee (PED23028), be amended, to read as follows: (b) That the Climate Change Advisory Committee Terms of Reference attached as Amended Appendix “J” to General Issues Committee Report 23-004, to include one regulated health professional or retired member in good standing to the voting members of the Committee, be approved; Result: Motion on the Amendment to Item 13 of the General Issues Committee Report 23-004,

That Item 1 of General Issues Committee Report 23-004, be amended, by adding sub-sections (e), to read as follows: (e) That as part of staff’s due diligence, they consult with Wentworth Lodge on their potential space or expansion needs, and that as part of the consideration of maximizing site utilization, they consider options or opportunities for including integrating other uses on the site. Council Minutes 23-001 January 25, 2023 Page 16 of 49 Result: Motion on the Amendment to Item 1 of the General Issues Committee Report 23-004,

That Audit, Finance and Administration Committee Report 23-001, being the meeting held on Thursday, January 19, 2023, be received and the recommendations contained therein be approved. Result: Motion on the Audit, Finance and Administration Committee Report 23-001,

That Emergency and Community Services Committee Report 23-001, being the meeting held on Thursday, January 19, 2023, be received and the recommendations contained therein be approved. Upon Council’s request, Item 6 was voted on separately, as follows: 6. Hamilton Alliance for Tiny Shelters Site Options and Considerations (HSC22015(b)) (City Wide) (Item 11.6) (a) That staff be directed to review City-owned lands, including parks, based on the considerations identified in Appendix “A” to Report HSC22015(b), and identify a list of candidate properties for a Tiny Shelter development, and provide the candidate properties to HATS for their review and prioritization; (b) That staff report back to the Emergency and Community Services Committee (ECS) with respect to the top three most appropriate City-owned lands that generally address the considerations in Appendix “A” to Report HSC22015(b) and that have been identified as suitable by HATS; (c) That staff include in the report back the approach proposed by HATS for a HATS-led community engagement process with respect to any identified sites; and, (d) That should HATS identify any new privately-owned lands that have been not previously considered but are available for a Tiny Shelter development, that staff review them against the same considerations identified in Appendix “A” to Report HSC22015(b), and report back to the Emergency and Community Services Committee under the same process identified in (a), (b) and (c). Council Minutes 2

That staff be directed to work with the Hamilton Alliance for Tiny Shelters (HATS) on their model to: (a) align the intake, operational, community consultation and site selection processes of their initiative to the Housing and Homelessness Strategy framework and that of the Homeless Serving sector in Hamilton; (b) address the needs of people that are currently living in encampments with an equity lens; and (c) report to the Emergency and Community Services Committee with a summary of assessment and recommendations for consideration. Result: Motion on Item 6 of the Emergency and Community Services Committee Report 23-001,

That General Issues Committee (2023 Tax Supported Capital Budget) Report 22-022, being the meeting held on Friday, November 25, 2022, Monday, December 5, 2022 and Friday, January 20, 2023, be received and the recommendations contained therein be approved. Result: Motion on the General Issues Committee (2023 Tax Supported Capital Budget) Report 22-022,

That Council rise from Committee of the Whole. Result: Motion

WHEREAS, the age and condition of Hamilton’s water/wastewater/stormwater systems requires ongoing investment; WHEREAS, Hamilton’s discrepancy of wealth in terms of income means that there are members of our community who have an issue of affordability; and WHEREAS, continuing to pursue a sustainable and generationally equitable funding formula for our water/wastewater/stormwater systems while providing a focused and intentional subsidy program will assist those made vulnerable by fulfilling this responsibility and maintain the City’s commitment to uphold the integrity of our systems. Council Minutes 23-001 January 25, 2023 Page 21 of 49 THEREFORE, BE IT RESOLVED: That staff be directed to assess the existing subsidy provision available to Hamilton residents in relation to the City’s water, wastewater and stormwater rate based services in order to enable the City of Hamilton to meet its existing and future asset management provisions to uphold the integrity of the infrastructure, and report back to the General Issues Committee. Result: Motion

That Items (c) (xxiv) and (xxv) be amended as follows: (xxiv) Hamilton-Wentworth Catholic District School Board (HWCDSB) Liaison Committee (1) Mayor Horwath (2) Councillor Beattie Councillor Francis (3) Councillor Tadeson Councillor Spadafora (xxv) Hamilton-Wentworth District School Board (HWDSB) Liaison Committee (1) Mayor Horwath (2) Councillor Francis Councillor Beattie (3) Councillor Spadafora Councillor Tadeson Result: Motion on the Amendment

WHEREAS Councillor Francis was appointed to the Hamilton Library Board of Directors on November 16, 2022; WHEREAS Councillor Francis at this time wishes to resign from the Hamilton Library Board of Directors due to a scheduling conflict; and WHEREAS Councillor McMeekin wishes to replace Councillor Francis on the Hamilton Library Board of Directors. THEREFORE, BE IT RESOLVED: (a) That Councillor Francis’ resignation, be received; and (b) That Councillor McMeekin be appointed to the Hamilton Library Board of Directors for the remainder of the 2022-2026 Term of Council. Result: Motion

(a) That the Council Member appointments to the following Sole Voting Member group, for the 2022-2026 Term of Council, be approved: (i) Sole Voting Member of the Hamilton Tourism Development Corporation (1) Mayor A. Horwath (2) Councillor M. Wilson (3) Councillor C. Kroetsch (4) Councillor N. Nann (5) Councillor T. Hwang (6) Councillor M. Francis (7) Councillor T. Jackson (8) Councillor E. Pauls (9) Councillor J.P. Danko (10) Councillor B. Clark (11) Councillor J. Beattie (12) Councillor M. Tadeson (13) Councillor C. Cassar (14) Councillor A. Wilson (15) Councillor M. Spadafora (16) Councillor T. McMeekin (b) That the City Solicitor be directed to prepare the appropriate by-laws and any ancillary documents, as may be required, to give effect to the Council Member appointments to the Sole Voting Member group, for the 2022-2026 Term of Council, as shown above in sub-section (a). Result: Motion

WHEREAS, authorization is required to execute the necessary corporate resolutions on behalf of the City of Hamilton as the sole shareholder or sole voting member in order to appoint members of Council to the boards of directors for the following City- owned corporations: (i) Hamilton Utilities Corporation; (ii) The Hamilton Street Railway Company; (iii) Hamilton Renewable Power Inc.; (iv) Hamilton Enterprises Holding Corporation; (v) CityHousing Hamilton Corporation; (vi) Hamilton Farmers’ Market Corporation; and (vii) Hamilton Tourism Development Corporation. THEREFORE, BE IT RESOLVED: That Item 10.2 of the minutes of November 16, 2022 Council meeting be amended by adding a new sub-section (i) as follows: 10.2 Council Membership on Shareholder and Sole Voting Member Groups, Agencies, Boards and Tribunals for the 2022-2026 Term of Council (i) That the Mayor and City Clerk be authorized and directed to execute the necessary corporate resolutions in writing on behalf of the City of Hamilton as the sole shareholder or sole voting member in order to appoint members of Council to the boards of directors for the following City-owned corporations, all in a form acceptable to the City Solicitor: (i) Hamilton Utilities Corporation; (ii) The Hamilton Street Railway Company; (iii) Hamilton Renewable Power Inc.; (iv) Hamilton Enterprises Holding Corporation; (v) CityHousing Hamilton Corporation; (vi) Hamilton Farmers’ Market Corporation; and (vii) Hamilton Tourism Development Corporation

WHEREAS, it is necessary to authorize the Medical Officer of Health to execute any and all agreements, amendments and ancillary documents necessary to transfer the Hamilton Physicians program to the Greater Hamilton Health Network, in a form satisfactory to the City Solicitor. THEREFORE, BE IT RESOLVED: That Item 3 of Board of Health Committee Report 22-008 respecting the Physician Recruitment and Retention Steering Committee Report 22-002 – August 5, 2022, be amended, by adding a new sub-section (a)(i)10, to read as follows: 3. Physician Recruitment and Retention Steering Committee Report 22-002 - August 5, 2022 (Item 10.1) (a) Working Group of the Physician Recruitment and Retention Steering Committee Report 22-001 (Item 1) (i) Proposal to Transfer Program into the Greater Hamilton Health Network & Formalize Existing Funding Relationships (Item 4.1) (10) That the Medical Officer of Health be authorized to execute any and all agreements, amendments and ancillary documents necessary to transfer the Hamilton Physicians program to the Greater Hamilton Health Network, in a form satisfactory to the City Solicitor. Result: Motion

WHEREAS, on August 12, 2022 Council approved a grant to Mission Services of Hamilton Inc., (“Mission Services”) for capital improvements for the provision of an emergency shelter for men containing 58 permanent emergency shelter beds and 50 transitional beds on the property known municipally as 400 King Street East (the “Property”); WHEREAS, subsequent to Council’s approval staff became aware that Mission Services would not be undertaking the capital improvements but instead would be purchasing the Property with the capital improvements completed for the provision for 58 permanent emergency shelter beds and 32 transitional beds and after purchase would construct and addition which would contain 36 emergency shelter beds; WHEREAS, once the construction of the addition is completed the Property would be organized to contain 58 permanent emergency shelter beds and 50 transitional beds; and WHEREAS, the provision of the grant to Mission Services is required for the purchase of the Property. THEREFORE, BE IT RESOLVED: That Item 7(a)(i)1 of Emergency and Community Services Committee Report 22-012 respecting the Adaptation and Transformation of Services for People Experiencing Homelessness Update 6 (HSC20020(f)) (City Wide), be amended, as follows: (a) That staff be authorized to implement an interim plan for homelessness system service levels at an approximate cost of $5.472M for additional pressures in 2022 and to the end of March 2023, as follows: (i) In 2022: 1. Subject to such

WHEREAS, Council appointed three members of Council to the Hamilton Waterfront Trust Board of Trustees at the 2022 Inaugural meeting, with the intention to recruit two citizen members, as per past practice; and WHEREAS, the Hamilton Waterfront Trust Deed of Trust states that the City will appoint all of the Trustees of the Hamilton Waterfront Trust Board of Directors which shall be no fewer than 5, and each appointed for a four-year term consistent with the term of Council, with each Trustee being a resident of the City of Hamilton. THEREFORE, BE IT RESOLVED: That Councillor Hwang and Councillor M. Wilson, be appointed to the Hamilton Waterfront Trust Board of Trustees, for the remainder of the 2022-2026 Term of Council. Result: Motion

WHEREAS, By-law 07-351, a By-Law to Adopt and Maintain a Policy with Respect to the Provision of Public Notice, requires that public notice is required to advise of a Committee meeting to consider the enactment of a procedure bylaw in the form of one notice published in a newspaper a minimum of 14 days prior to the Committee meeting; and WHEREAS, By-law 07-351, a By-Law to Adopt and Maintain a Policy with Respect to the Provision of Public Notice also notes that Council may direct that other notice is to be given as Council considers adequate; THEREFORE, BE IT RESOLVED: That Council waive the notice provision within By-law 07-351, a By-Law to Adopt and Maintain a Policy with Respect to the Provision of Public Notice in order for an amendment to be made to the Procedural By-law effective immediately. Result: Motion

That Human Resources staff be directed to report back to Council at the same time as the motion to amend By-Law 21-021, A By-law to Govern the Proceedings of Council and Committees of Council, on Council’s obligations under the Employment Standards Act regarding the length of meetings and appropriate breaks during meetings. Result: Motion

WHEREAS, Council on March 30, 2022, approved Item 4(a) of Public Works Committee Report 22-004, respecting Appropriation Transfer of Funds for Dewitt Road - Highway 8 to Barton Street (PW22014) (Ward 10), that the General Manager of Public Works be authorized and directed to award Tender C15-76-21 (HS) Dewitt Road and Highway 8 - Sewer, Watermains, Roadway, Curb and Sidewalk Reconstruction to Coco Paving Inc. in the amount of $4,173,238 (not including contingency and non-refundable HST) and that the General Manager of Public Works be authorized to execute, on behalf of the City of Hamilton, all agreements and other documents necessary to implement this award on confirmation that each such agreement be in a form satisfactory to the City Solicitor; Council Minutes 23-001 January 25, 2023 Page 37 of 49 WHEREAS, the award of the contract C15-76-21(HS) could not completed as the time open for acceptance of the Request for Tenders had expired and in discussions with the lowest compliant bidder, GIP, the vendor was not agreeable to extending the irrevocability of its bid due to significant cost increases and pressures experienced in the construction market and supply chain and therefore could no longer hold their price; and WHEREAS, staff need to re-tender the project for Dewitt Road and Highway 8 - Sewer, Watermains, Roadway, Curb and Sidewalk Reconstruction. THEREFORE, BE IT RESOLVED: That Item 4 of the Public Works Committee Report 22-004, respecting Appropriation Transfer of Fun

WHEREAS Barrel Heart Brewing is operating at Unit 20 53 Bittern Street, Ancaster, Ontario; WHEREAS the Barrel Heart Brewing has been issued a brewery retail license on January 11, 2023; WHEREAS in addition to brewing beer, the business model has a retail, tourism and education component; and WHEREAS the Alcohol and Gaming Commission of Ontario (AGCO) requires written notice from the Council of the Municipality within which the applicant's site is located confirming that it has passed a resolution in support of the issuance of a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”), for tastings. THEREFORE, BE IT RESOLVED: That the Council of the City of Hamilton confirms their support for the issuance of a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”) for Barrel Heart Brewing located at Unit 20 53 Bittern Street, Ancaster, Ontario. Result: Motion

WHEREAS, Frost Bites, now in its seventh year, inspires local residents to engage in community conversations that build connections across the city while deliberately activating public spaces. Council Minutes 23-001 January 25, 2023 Page 39 of 49 WHEREAS, Frost Bites has a history of activating community spaces in Ward 3 along Barton St, including at the Westinghouse, 541 Café & Eatery, and at the Cotton Factory, and this winter will be using the Bernie Morelli Recreation Centre as the festival hub in 2023 for all residents to enjoy; WHEREAS, Frost Bites has connected and formed partnerships with a number of community organizations in Ward 3, including the Afro-Caribbean Canadian Association, Hamilton Aerial Group, L'Arche, the Immigrant Working Centre, and Centre Francophone, to ensure that programming is developed by and for the community; and WHEREAS, the Frost Bites festival is organized in part by Ward 3 residents, features artists and performers from Ward 3, and will provide resiliency to the local community in a recovery framework by building community connections, supporting arts, developing skill sets and highlighting a facility with a variety of beneficial programming. THEREFORE, BE IT RESOLVED: (a) That $2000 be allocated from the Ward 3 Bell Cell Tower Account Number 3301609603 to the Hamilton Festival Theatre Company as the fiscal sponsor for the Frost Bites Festival; and (b) That the Mayor and City Clerk be authorized and directed to execute any required agreeme

That the Rules of Order be waived to allow for the introduction of a motion respecting Support for the Issuance of a Manufacturer’s Limited Liquor Sales Licence (“By the Glass”) for Barrel Heart Brewing. Result: Motion

That the Rules of Order be waived to allow for the introduction of a motion respecting Activating Public Spaces & Building Community Resilience Through Arts, Ward 3. Result: Motion

That the listing of Council Communication Updates from December 2, 2022 to January 19, 2023, be received. Result: Motion

That Council recess until 2:00 p.m. Result: Motion

That the Committee move into Closed Session to discuss Item 11.1 respecting Canada Mortgage and Housing Corporation (CMHC) Rapid Housing Initiative (RHI) Round 3 (HSC20056(c)), pursuant to Section 9.3, Sub-section (h) and (i) of the City's Procedural By- law 21-021, as amended, and Section 239(2), Sub-section (h) and (i) of the Ontario Municipal Act, 2001, as amended, as the subject matter pertains to information explicitly supplied in confidence to the City or a local board by Canada, a province or territory or a Crown agency of any of them and a trade secret or scientific, technical, commercial, financial or labour relations information, supplied in confidence to the City or local board, which, if disclosed, could reasonably be expected to prejudice significantly the competitive position or interfere significantly with the contractual or other negotiations of a person, group of persons, or organization. Result: Motion

(a) That the Mayor be directed to meet with Federal Members of Government to discuss how Hamilton can participate in the federal Rapid Housing Round 3 program in a way that is financially viable and meets the housing needs for the City, and which considers a more flexible use of Canada Mortgage and Housing (CMHC) funding that includes maintenance of existing community/social housing stock in addition to new affordable housing development; and (b) That consideration of Report HSC20056(c) be deferred to the next meeting of Council, on February 8, 2023. Result: Motion

That Bills No. 23-001 to No. 23-007, be passed and that the Corporate Seal be affixed thereto, and that the By-laws, be numbered, be signed by the Mayor and the City Clerk to read as follows: 001 To Amend City of Hamilton By-law No. 22-275, being a By-law to Impose Fees and Charges Respecting the Use of the City of Hamilton Sanitary Sewage System and to Implement a Wastewater Abatement Program Ward: City Wide 002 To Amend By-law No. 01-218, as amended, Being a By-law To Regulate On-Street Parking Schedule 8 (No Parking Zones) Schedule 12 (Permit Parking Zones) Schedule 13 (No Stopping Zones) Schedule 23 (Special Enforcement Area) Ward: 1, 2, 3, 4, 5, 11, 12, 13 003 To Amend By-law No. 01-215, Being a By-law to Regulate Traffic Schedule 27 (Truck Routes) Ward: City Wide 004 To Establish City of Hamilton Land Described as Block 111, on Registered Plan62M- 965 as a Public Highway as part of Nashville Circle Ward: 5 005 To Amend By-law No. 07-170, a By-law to License and Regulate Various Businesses Schedule 32 (Short Term Rentals) Ward: City Wide 006 To Amend By-law No. 11-010 To Establish Retention Periods for Records of the City of Hamilton Ward: City Wide 007 To Confirm the Proceedings of City Council Upon Council’s request, Bill 005 was voted on separately, as follows: 005 To Amend By-law No. 07-170, a By-law to License and Regulate Various Businesses Schedule 32 (Short Term Rentals) Ward: City Wide Result: Motion on Bill 005

That, there being no further business, City Council be adjourned at 3:53 p.m. Result: Motion