Loading...
HomeMy WebLinkAboutDecember 3, 2012 (Joint) Cat/ o� Joint Planning & Development & Executive Committee Meeting rat - k-_ Agenda PICKERING Monday, December 3, 2012 Council Chambers 7:00 pm Chair: Councillor Ashe Delegations 1. John Kenthol Re: Creation of a Community Bicycle Park Part "A" Planning Information Reports Pages Subject: Information Report No.10-12 1-6 Zoning Amendment Application A 6/12 Navraj Properties Inc. 720 Sheppard Avenue Part Lot 28, Concession 1, Part 1, 40R-10000, City of Pickering Subject: Information Report No. 11-12 7-22 Revised Draft Plan of Subdivision 18T-90016(R) Revised Zoning By-law Amendment Application A 9/90 (R) The Cairo Group Inc. 5113 Brock Road (Part of Lots 17 and 18, Concession 9, Part of Lot 31, Lots 32, 47 and 48, Plan 12, Part of Part 1, Plan 40R-14340), City of Pickering Part "B" Executive Committee Reports 1. Director, Community Services, Report CS 44-12 23-36 Valley Farm Road and Glenanna Road Traffic and Safety Concerns Recommendation For information related to accessibility requirements please contact Accessible •n '�~ Linda Roberts P I C K S LNG Phone: 905.420.4660 extension 2928 TTY: 905.420.1739 Email: Iroberts @pickering.ca Alternate formats available upon request at 905.683.7575 Ci aii 4► Joint Planning & Development & Executive Committee Meeting Agenda . PICKERING Monday, December 3, 2012 Council Chambers 7:00 pm Chair: Councillor Ashe 1. That Report CS 44-12 of the Director, Community Services regarding traffic and safety concerns on Valley Farm Road and Glenanna Road, in response to Resolution #113/12 be received; 2. That the crosswalk request on Valley Farm Road at either Avonmore Square, in the vicinity of the 1880/1890 Valley Farm Road driveway, or at the. intersection with The Esplanade North not be supported based on the traffic study results and staff recommendation; 3. That the crosswalk request on Glenanna Road at either the medical centre located at 1885 Glenanna Road, or at the intersection with The Esplanade North not be supported based on the traffic study results and staff recommendation; 4. That the upgrade of the intersection pedestrian signal to a full signalized • intersection at Valley Farm Road and The Esplanade South/Diefenbaker Court be considered in the 2013 Capital Budget; and 5. That 50 km/h speed limit signs be installed on Valley Farm Road and Glenanna Road, and that two pedestrian crossing.signs on Valley Farm Road be installed close to 1880/1890 Valley Farm Road with "Watch for Seniors" tabs added to the signs, and that the existing pedestrian crossing sign on Valley Farm Road north of Diefenbaker Court be relocated to a location south of Diefenbaker Court and a "Watch for Seniors" tab be installed on both existing pedestrian crossing signs. 2. Director, Corporate Services & City Solicitor, Report CST 32-12 37-39 Section 357/358 of the Municipal Act—Adjustment to Taxes Recommendation 1. That Report CST 32-12 of the Director, Corporate Services & City Solicitor be received; • 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Cal/ o� Joint Planning & Development & Executive Committee Meeting bw. [Feu Agenda PICKERING Monday, December 3, 2012 Council Chambers 7:00 pm Chair: Councillor Ashe 3. Director, Corporate Services & City Solicitor, Report CST 33-12 40-44 • 2013 Temporary Borrowing By-law Recommendation 1. That Report CST 33-12 from the Director, Corporate Services & City Solicitor be received; 2. That the temporary borrowing limit to meet 2013 current expenditures pending receipt of taxes and other revenues be established at $38,000,000 for the period January 1, 2013 to September 30, 2013 inclusive, and $19,000,000 thereafter until December 31, 2013; . 3. That the temporary borrowing limit for capital purposes for 2013 be established at $47,000,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. 4. Director, Corporate Services & City Solicitor, Report CST 34-12 45-48 2013 Interim Spending Authority Recommendation 1. That Report CST 34-12 from the Director, Corporate Services & City Solicitor be received; 2. That the 2013 Interim Operating Expenditures be approved at 50% of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2013 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Ca, Joint Planning & Development & Executive Committee Meeting = Agenda PI KERING Monday, December 3, 2012 Council Chambers 7:00 pm Chair: Councillor Ashe 5. Director, Corporate Services & City Solicitor, Report CAO 23-12 49-97 Administrative Amendments to Taxicab Licensing By-law 6702/06 Recommendation 1. That Report CAO 23-12 regarding administrative and fee amendments to Taxicab Licensing By-law 6702/06 be received; 2. That the proposed amendments in the draft by-law attached be enacted. (II) OTHER BUSINESS - (III) ADJOURNMENT • • C t1, Information Report Report Number: 10-12 For Public Information Meeting of PICKERING Date: December 3, 2012 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter P.13 Subject: Zoning Amendment Application A 6/12 Navraj Properties Inc. 720 Sheppard Avenue Part Lot 28, Concession 1, Part 1, 40R-10000 City of Pickering 1.0 Property Location and Description • the subject property is located at the northeast corner of Sheppard Avenue and Whites Road within the Woodland Neighbourhood (see Location Map, Attachment#1) and is approximately 0.26 of a hectare in size • a vacant 2 storey medical clinic building having 929 square metres of gross floor area is currently located on the site, with a total of 50 parking spaces • the surrounding land uses include: north - CN Rail Line south - across Sheppard Avenue are residential units (condominium townhouse dwellings) east - residential lots (single detached dwellings) fronting onto the north side of Sheppard Avenue west - across Whites Road are residential lots (single detached dwellings) fronting on the north side of Sheppard Avenue and Dunbarton High School at the southwest corner of Sheppard Avenue and Whites Road 2.0 Applicant's Proposal • the current zoning on the property only specifically permits a medical office facility. The applicant is proposing to expand the list of permitted uses to include professional office, business office, scientific research or medical laboratory (non-industrial), personal service shop and convenience store • the owner is requesting the additional uses in order to provide greater flexibility to attract tenants and to maintain the sites economic viability • no redevelopment or changes are proposed to the existing building or the property (see Site Plan, Attachment#2) • Information Report No. 10-12 Page 2 3.0 Official Plan and Zoning 3.1 Durham Regional Official Plan • the Regional Plan designates the subject property as "Living Area" and "Regional Corridor" • lands designated as "Living Areas" shall be used predominately for housing purposes however, limited office development and limited retailing of goods and services may also be permitted in appropriate locations • "Regional Corridors" are to be planned and developed as mixed use areas, including commercial, residential, employment and institutional uses while supporting higher order transit services and pedestrian oriented development • the applicant's proposal will be assessed against the policies and provisions of the Durham Regional Official Plan 3.2 Pickering Official Plan • the Official Plan designates the subject lands as "Urban Residential Areas-Low Density Areas" within the Woodlands Neighbourhood • "Urban Residential Areas-Low Density Areas" permits residential uses and limited offices serving the area, and limited retailing of goods and services serving the area • the application will be assessed against the policies and provisions of the Pickering Official Plan during further processing of the application 3.3 Zoning By-law 3036 • the property is currently zoned "SC-5" — Special Commercial Zoning By-law as amended by By-law 1889/84 which only permits a medical office facility • an amendment to the zoning by-law is required to implement the applicant's proposal to add additional uses including professional office, business office, scientific research or medical laboratory (non-industrial), personal service shop and convenience store 4.0 Results of Circulation 4.1 Resident Comments • none received in response to the circulation to date 4.2 Agency Comments • none received in response to the circulation to date Information Report No. 10-12 Page 3 4.3 Staff Comments • the following matters have been identified by staff for further review and consideration: • conformity with the City's Official Plan including the Woodlands Neighbourhood policies • ensuring that the proposed additional uses are compatible with the surrounding areas • ensuring that the number of existing parking spaces provided on site is sufficient to accommodate the parking demands for the additional uses • the Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public 5.0 Procedural Information • written comments regarding this proposal should be directed to the Planning & Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council approves any by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 6.0 Other Information 6.1 Information Received • full scale copies of the plans and studies listed below are available for viewing at the offices of the City of Pickering Planning & Development Department: • Planning Justification and Sustainability Report Information Report No. 10-12 Page 4 6.2 Company Principle • the owner of the subject lands is Navraj Properties, represented by Glenn Genge of D.G. Biddle & Associates Limited y1 Cristina Celebre Nile'sh S i, MCIP, RPP Senior Planner.— Development Review Manager, Development Review & Heritage & Urban Design CC:jf Attachments Copy: Director, Planning & Development Attachment#__to Information Report# /0- /a .� -� mi III- �_�_ ii.■ �, ST. =' AVENUE gaw 1111111",c.CC a NM NM MEE_= W —�1IIIIIIIIIIII r= jUELINE 4 n �� �I��� 7.11Miiiiiiiiiiiii 1 m EDGEWOOD r lir, '_ COURT - —Y n_IIIIIIII���� ',off �I vtlitv TRAIL , X11111111111 _o =\ v z �_=D —a, ', Iiiiiii�iiiiiiiW YBURN =N III„ 1'1'1111 •a . z ==3 Ill COURT ', -' ■� ;11�� 1* 4W kgTE'S LAN• li-""t'■ sHior L. " SHADYBROOK 1 1 SQUARE I , SHEPPARD AVEN DUNBARTON \ o C HIGH SCHOOL o SUBJECT I PROPERTY DUNBARTON— - _ I. V/MM/NG POOL o m FzOI'‘C) I I DUNFAIR STREET o j _ .SON 0G5 kO 1 -1 . \G,�P I / A I ,e, • City of Pickering Planning & Development Department PROPERTY DESCRIPTION Concession 1,Part Lot 28,Part 1,40R-10000 OWNER Navraj Properties Inc. DATE Oct.5,2012 DRAWN BY JB //\ FILE No. A 006/12 SCALE 1:5,000 CHECKED BY CC N QLiar. source.: M 2012eM AC�and It.I.uPPII.r.. All Nght. R.vlrv.d. Nora Plan otSurvey.n of -„n,.,,. PN-6 Attachment# a to Information Reoort# lo-/ Information Compiled from , Applicant's Submitted Plan A 06/12 Navraj Properties Inc. . ( 11 . I I I 1 - E7 - I . A ., ,0 c C Z nw • u) Q I W Z I-- w _Xt=-,UL E _ ! SvISCV 8UIL7N" _W Y. 770 q 4 C 1 H- 7 v 1 ) 3 p EXISTING LANDSCAPING 44.1 m "" \\*N.. . f. • 1 EXISTING SIDEWALK SHEPPARD AVENUE /` • This map was produced by The City Of Pickering Planning&Development Department, Planning Information Services Mapping And Design,Oct.5,2012. cip s Information Report _ Report Number: 11-12 11= "t' For Public Information Meeting of PICKERING Date: December 3, 2012 In Accordance with the Public Meeting Requirements of the Planning Act, R.S.O. 1990, chapter P.13 Subject: Revised Draft Plan of Subdivision 181-90016 (R) Revised Zoning By-law Amendment Application A 9/90 (R) The Cairo Group Inc. 5113 Brock Road (Part of Lots 17 and 18, Concession 9, Part of Lot 31, Lots 32, 47 and 48, Plan 12, Part of Part 1, Plan 40R-14340) City of Pickering 1.0 Property Location and Description • the subject lands consist of the south western part of a property located between Brock Road and Regional Road #1 (Brock Road By-pass), north of Central Street; it also includes the unopened Franklin Street road allowance • a property location map is provided for reference (see Location Map -Attachment#1) • the subject lands are approximately 10.77 hectares in area,.of which approximately 55% are within the hamlet boundary of Claremont • the site, which generally slopes from north to southwest, is used for cash crop, farming; a farmhouse and barn are located on the west side of the property, adjacent to Brock Road • the surrounding land uses are: north - farm lands east - farm lands south - detached residential dwellings west - detached residential dwellings 2.0 Background • in 1990, the previous land owner, Toko Investments Inc., submitted a rezoning and draft plan of subdivision, to permit the creation of 27 lots for single detached dwellings on a municipal road with private services in the Hamlet of Claremont . • the public and commenting agencies expressed concerns with the development proposal including the adequacy of the lot size, impacts of stormwater runoff, and compatibility with the existing character of the hamlet; following a statutory information meeting in August 2001, the applicant decided to no longer pursue approvals, and the applications became dormant Information Report No. 11-12 Page 2 • subsequently, the policy framework regarding the subject lands, specifically with regards to the hamlet boundary, changed with the adoption of the City of Pickering Official Plan in 1997, the approval of the Oak Ridges Moraine .Conservation Plan (ORMCP) in 2001 and the City's Oak Ridges Moraine conformity amendment in 2007 • in 2012, the new owners, The Cairo Group Inc., resurrected the original applications with minor modifications, updated supporting studies; and are now seeking approval of the revised applications • a more detailed summary about the history of the original applications and of the changes to the planning framework, which may have an impact on the further processing of these applications, is contained in Attachment #2 to this report 3.0 Applicant's Proposal • the revised applications, submitted by the new land owner, remain consistent with the original applications except for the orientation of 4 lots relative to the streets they front on, as well as minor revisions to lot lines based on updated surveying and servicing'requirements (see Attachment#3 —The Cairo Group's Submitted Subdivision Plan) • the draft plan of subdivision proposes to create 27 lots for detached dwellings on private services, fronting on a public road; the farm house will be retained on one of the lots • the revised plan proposes a minimum lot size of 3000 square metres and a minimum lot frontage of 31 metres • the new public road is proposed to connect Franklin Street with Brock Road and have a 20 metre right of way width; the plan also makes provision for a future road connection to the east • the proposal incorporates the unopened Franklin Street road allowance, which the owner will need to acquire from the City • the proposed single detached homes are to be built in accordance with architectural design standards to ensure compatibility with the general character of the adjacent neighbourhood • the zoning by-law amendment proposes development standards that are consistent with some of the more recent subdivision developments in Claremont, such as those,along William Street or Livingston Street 4.0 Official Plan and Zoning 4.1 Durham Regional Official Plan • designates the subject property "Oak Ridges Moraine Areas" within the "Greenlands System" of the Plan • the "Oak Ridges Moraine Areas" category is further refined by designating the subject lands "Countryside Areas" (areas of existing rural land use) and "Hamlet" (intended to provide opportunities for minor residential infill and small scale industrial, commercial and institutional uses) Information Report No. 11-12 Page 3 • requires development within a hamlet to proceed by plan of subdivision and shall be accompanied by certain required technical studies, with the exception of minor infill • identifies the following principles to guide the preservation, cultural attributes and historic heritage of a hamlet in considering new hamlet development: • simplicity of form • predominance of residential use • large lots for accommodating private services • almost exclusively single detached dwelling form • few facilities, and • views and vistas to the countryside • stipulates that applications within the "Countryside Areas" that were commenced but not decided prior to November 17, 2001, are required to conform to the prescribed "transitional provisions" under Section 48 of the ORMCP • the transitional provisions pertain mainly to the protection of natural heritage and hydrologically sensitive features, requirements for the preparation of specialized studies, and the prohibition on certain activities such as the use of kettle lakes • further comment is required from the Region as to whether the applicant's proposal conforms to the Durham Regional Official Plan given that the subject lands extend beyond the hamlet boundary 4.2 Pickering Official Plan • designates the subject lands "Oak Ridges Moraine Rural Hamlets" (ORM Hamlets) and "Oak Ridges Moraine Countryside Areas" (ORM Countryside Areas) [see Attachment#4 — location of subject lands in relation to existing hamlet boundaries] • opportunities for the growth of a hamlet within the Oak Ridges Moraine is limited to lands within the existing hamlet boundary • the development of the hamlet must comply with numerous policies including: • compatibility requirements (scale, character and relationship) • appropriate technical review to ensure the adequate provision of services • protection of nearby property owners; and • compliance with provincial and regional standards • recognizing that most of Claremont is designated as ORM Rural Hamlet, City Council shall: • restrict applications for lot creation to limited infilling • prohibit the expansion of the hamlet boundary unless the hamlet boundaries are modified by the Province; and • require development or site alteration to be subject to the ORM policies in the Official Plan and the policies of the ORMCP • the "ORM Countryside Areas" designation'on the subject lands is principally aimed at protecting prime agricultural areas and to maintain the rural character of ORM hamlets Information Report No. 11-12 Page 4 • in terms of lot creation inside the "Countryside Areas" designation, residential infilling shall be permitted within the hamlet boundaries of Claremont as expansions to the hamlet boundary shall not be permitted • however, similarly to the Regional Official Plan, the Pickering OP stipulates that applications inside "Countryside Areas" that were commenced but not decided prior to November 17, 2001, are required to conform to the prescribed"transitional provisions" under Section 48 of the ORMCP • the Resource Management Schedule identifies three significant woodlands on the edge of the subject lands which requires the preparation of an Environmental Report to determine possible impacts on the natural features • the ORM Aquifer Vulnerability Schedule shows areas of low aquifer vulnerability situated on northern parts of the subject lands, and areas of high aquifer vulnerability on the south parts of the subject lands; an Environmental Report is required to determine impacts on areas of high aquifer vulnerability • the OP requires the preparation of a stormwater management plan that must have particular regard for matters such as: • maintaining groundwater quality and flow and stream base flow • protecting water quality, and • preventing any increase in flood risk • further analysis is required as to whether the applicant's proposal conforms to the Pickering Official Plan given that the subject lands extend beyond the hamlet boundary 5.0 Zoning By-law 3037 • according to Zoning By-law 3037 as amended by By-law 6640/06, the subject property is currently zoned "ORM -A" - Oak Ridges Moraine Rural Agricultural, "ORM — R5" - Oak Ridges Moraine Hamlet Residential Five and a small portion on the southern edge of the lands is zoned "ORM - EP" - Oak Ridges Moraine Environmental Protection • the development standards in the ORM-R5 zone are associated with the historically smaller residential lots in the hamlet settlement and are not appropriate with current development standards for private services; the ORM-A and ORM-EP would not permit the proposed development • an amendment to the zoning by-law is therefore required to implement the proposed plan of subdivision 6.0 Comments received prior to circulation • the President of the Claremont & District Community Association pointed out that residents continue to have the same concerns they had with the original applications, including the potential impacts: • on groundwater quality (because of inadequate nitrate dilution levels), and • of stormwater runoff • a resident on Lane Street advised that their septic system is located on the subject lands and that they would like to make permanent arrangements to secure continued use of the septic bed and to protect the stormwater drain that runs along the rear of her property Information Report No. 11-12 Page 5 7.0 Non-statutory open house with Claremont residents • the applicant is holding a community meeting about the development proposal on November 28, 2012 in Claremont 8.0 Results of Circulation 8.1 Resident Comments • none received at the time of writing this report 8.2 Agency Comments • to date comments have been received from the following agencies which have no objection to the application and some are subject to certain standard conditions: • Hydro One Networks Inc. • Canada Post • Enbridge • Durham District School Board • Durham Catholic District School Board 8.3 Department Comments • none received in response to the circulation to date 8.4 Staff Comments • the following matters have been identified by staff for further review and consideration: • whether local and regional official plan amendments are required to adjust the hamlet boundary to accommodate the parts of the proposed development that are located outside of the hamlet boundaries • whether the development proposal conforms to the prescribed transitional provisions under the ORMCP • whether the proposed stormwater management plan is sufficient to deal with on-site stormwater drainage and possibly improve or solve the stormwater problems downstream from the subject lands • assessing the adequacy of the proposed lot sizes to meet required nitrate dilution standards, provide a supply of potable water, and not adversely affect groundwater flow and quality • assessing the compatibility of the development proposal with the existing adjacent rural area, and the hamlet community in terms of character, built form and function • whether the City and the applicant can make satisfactory arrangements for the closure and sale of unopened Franklin Street road allowance • assessing the heritage significance of the house to be retained Information Report No. 11-12 Page 6 • determining how many properties along Lane Street have septic beds on the subject lands and finding a solution that is mutually acceptable to all parties involved • determining the appropriateness of the proposed zoning standards to regulate the site • whether the proposed development contains appropriate sustainable development components • whether the required technical submissions and reports meet City standards • comments from the residents, including issues raised at the non-statutory open house event • The Planning & Development Department will conclude its position on the applications after it has received and assessed comments from the circulated departments, agencies and public. 9.0 Procedural Information 9.1 General Procedurals • written comments regarding this proposal should be directed to the Planning & Development Department. • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision on draft plan of subdivision or zoning by-law must provide comments to the City, either orally or in writing, before the City makes a decision on the draft plan or Council adopts a by-law for this proposal • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 10.0 Other Information 10.1 Information Received • in addition to the full scale copies of the applicant's submitted plan, the following documents are available for viewing at the offices of the City of Pickering Planning & Development Department and at the Claremont Library: • Planning Justification Report • Traffic Impact Assessment Report • Preliminary Geotechnical and Hydrogeological Report • Preliminary Nitrate Loading Assessment • Preliminary Environmental Survey Report • Natural Heritage Evaluation Report • Functional Servicing Report • Noise Study Report • • Stage 1 Archaeological Assessment Report Information Report No. 11-12 Page 7 10.2 Owner/Applicant Information • the owner of the subject lands is The Cairo Group Inc. • the applicant is Prime "R" Management, a development company owned by Geranium Homes • the agent for the applicant is Malone Given Parsons Ltd. �.= .co•s C. herine Rose, MCIP, R"P rincipal Planner- Policy Manager, Policy DJ:jf Attachments Copy: Director, Planning & Development • • Attachment#_ t _._to Information Report# //--/E� • 4110 1 AREM r r■I41r _AO -.wale / W AV 7 iti k Iti 6:44:,,, �� OWNER'S TOTAL•iti N .r;..- •` LAND HOLDINGS ��. L AND SUBJECT TO ��4 fQ.. DEVELOPMENT •4 � ��jj APPLICATION 4 ■�i�i 1 i�i�%%% Mn o ►��i�i ►i*ii:i� • 3 n ram [AREMOA? • 1I! E N Fin' ST, m J I ' ■inn - �® 1-s -_A r CENTRAL STREET CENTRA STREET ii_v — ^I N,.-N 411 �if a t1i? mP City of Pickering Planning & Development Department PROPERTY DESCRIPTION CON.9 Pt. Lt.17&18; Plan 12,Lots 32,47,48&Pt.Lot 31;40R-14340,Part of Pt.1 OWNER The Cairo Group DATE OCt 25,2012 DRAWN BY IB FILE No. 18T-90016(R)&A 9/90(R) SCALE 1:10,000 CHECKED BY DJ N ueta acureea 2012 t EnterOnd• Inc. ontl . euppllere. All rlghte t . pl.; Not a plan of eurvey. PN-RUR 2012 MPAC ntl ita euppllere. All rtghta Reaervstl. Not a plon of Survey. a) L L _c (n O •.- `-0 tz c c a) C' -0 ca E 'E � coc a) ca to' > 0 0 •U 0 a)13 Q Q O c () (a (o +'' a) E OI- E. -0 N 0) 4 .-� O = u) L .r O N � C co 0 0 a) '0 C a) o) "--' .0 C > cD C (o co a) .� c (0 0 0 CO U U E OL ., O = (o co Q 4- a) Y C U 0 _C _C C t (a a) a (o a) o- a) c -0 Q O C O co La § -C co a) .4_ -o ••E `O a) co - C 0 C' �. (0 .>� a) F- t ^X, •"= t •"= O c E -0 /1 ,U ((3 -0 W .0 = L U) a L a) - �j U U� `V V -c a) = E U O N .0 O 1 C -0 fn C +' J _CI c .c � E No '(aQ C 2L � 0U) (I)o0) 5 .co DO E2O >,*. -0 0a) - a) 0 a-; � •-. v� o � � a) � C)0 a) cn n � = m C0 °) 0- a) s) .,� c L L a) _0 c o _c -0 a) (ao 0 0 O -c = J a) O O O a) (o L a L U U) 0 Q C O O O O L cn a (o I- N U0 0 `�- (o Cl) NO Ica c Q. Q) � coi �' � c � � � 0-> 3 Eo It r� o > cn O Q" a�i cn 0 o o cn SS °� c C U C -O > U 0 C m '0 C = U C o E (tea o O cn 00 0 a) V O :_ 0 '� a) a) .- = o c O (o a) (n ° ca t = O '0 — O * Q _NC (a (o a) ca 0 -0 U 0 0 a L a) -. u) �. 0 N .2 0 0 Q �? N _0 0 0 c 0 Cl) c C 0 ~ N 0 0 a) Q _ m ar Q 'a o `n cEa � t °_� c Ea E � •Y ca as co U) c E tE; C c _ •LV cI .-. .c m � Qa) o _c � c a) -- 0) o ca 03 0O (a O_ ' Q J (o -0 .(a O Q a) a) O H d a a) U .Q : Q 12 .a+ _ U '� k, - - d > .. 0 CO O Q > C E I (o 0- Q C N > .741-40 -- c a) ? a) '§ c �aop ,.,- •( Qo a) -a03 oca) C 0 -0 > -i5c ( Q a) .0 �. 0 CD I a) cc ). C-0 0- co o LLI v1) c o o G) O Ca aa)) 1:3 (o O ac) ai c .0 3 v c Z 0 . o a) 4- E � a) o c = Q" cn � Ep ° c o - cn � 0 c o �o a) a ) - 0 C -(T) c C - _0 :V Zs.c p c a) -a -0 cC c c S p a) O o ° np •`-' roc �•"= nooaY > E0- a�i v0E0) ooc) - Q c co a) 3oE � � a) 2 � oa) .. 2mLQ� �- c p E 1— cC a) C (� U - (o O -n 0 c CO •V CO .' •E to �?� iii � � .0 s- I_ Salo _c •� aa)) E V o - � •c°-n)' 4- = �o E _) � o ac) v o c o .- L._ = E) 4 C E " 12 a) -° ° C a.E of 0 •C c a) °)x p 8 � E a) 5 E = ac-) .E 2 � E co as .2 a) a) U � E a) � m �. .2 .,c °- c --. = a) E a) cn o- as _c = c a) v- a) CC a) L 0 .0 a) : .c _ fo (o : _ : to O O 2 • Q O • W I- i- (o -0 a) 'Fs .- Q CI } - ° I a) N 0 o 171 i O E 4v co c - .- O co L N fa C co co - oE Ca Y3 �'� ,� o 73 .0 U) 1E ca ca a) ca 0- t U OL a) >,c a � � ° ''a) w �a0i � a' = n- `warn Z c�a a) " � Ea i 0Lm a) ° � 'a) `a - ° 00 - 4 Q) .0. a0LEEL C 0 m - 0 73 V o ° a) E aa)) , C Ea .._. — y., E XI...- OC2cn •- . a cn cn72Q 0 . •c . LOS a �. C ,_, : '.(7') ca -° a � c o u' E .ca, ca � .UcB �- a) ca � � �. EO o •cn > E � ca o „= C 7) V E m >,ID 0 in m a) 2 .n .n C o co n. o —° � c � = E � = ci ' 0 "=") D a) co 'CU - C ° ° a .0 0O ° caa O Q _ U) a .nU) cc Hu) < - ..q Ha) caUsca0 L O 4- 'a a) y=+ n ^ O °) ° EE a) g- L it ifi_ C O o a) a)E O U C n_ C Z LL a a) pa ca0 a0ca oo-"aVn ° � C)- a) .-. m E • a 3 aQ 0 � � � U• E L = X00) 0 . oc O_ tnc � = o o °� 7o 2 � a) o f t) .- ca0 E U to cc cK u) U C C •o n. a) 0 1- a) a) tcr) TD a) > o a '� cn0 Tip_ a) ° a) —° -0 a) +a4 c u) ° o � 'a a) > ;� . C 'a Ira q E, U O v- C L N C C a) m CO\ a) C u) ca 0) 0 C - O E U N - - a) L C a) \ C as Q U 0 .0 O_ 0 t a ca 9— C = N ° \ O 0 a Q N 0 C --. 0 0 O Q N a aa) u) lE OE3. 0 0 TO m 0- C a) E4-.; Z •- C E .N . a) � � � a cCa a) C N 0 N 2 O = O O -C - _E O u) C O fa .� C Q CL C .� C O c � C () U) o LIo c- a) C000 0Cca ° 0 � 2m n_� Ncn O � ca ca ° CL no 'LC (7) ;:m N N _c aa)) U a C C U � c .� 0 'TO- � � c C C 4- O C a) -C a) O C' 0 E 4- = _ c o a) a) O . a) O 0 •) C '6 O C E O ca 'a co '( �,, E ca N a) •E ili X •- Uc Z , Oc ca C cam�- c) o V O C O N U a) co cn a) .-0 i_ v a) o :. as 0 n_ O L O a) •� C a) U C c- -o u) ca = a) Q � •- 0. 0- ° acn 073a) a) •_ , ca) crcn O 0a) a) a `aa) OC -cE - OaccC < a) a) Ha) -c co a) -c co C — a) u) Cl) Y 0 I _ L > C • ...-. C ca .(n+ 0 -0 U (6 CaLa � c _ E. •(a CO •(B O •J b C C N 0->' 0 C•�O "'' ,U — o a) N O OL C c E 5 CD C § > O is 2 n. ca >, an ca a ° H L u) o c O ti L u) Cl- o E a �_ a) o L O u) 10 o -0 CO a) 0) oca ern `~ 0) , c a) co ""' E 0C c) - ter- c a) � -Ca > caa �'.� o � n c •- cC 'Q) 00 X01 •- 0v. . �. 0 Oo >, o L o .0 ,c C 0 0 0 � •E a ' C E E 0 -a U in O F- ca ca ca 0 = , >, a) - a) a) _ C O � � c ca 0 0 2 �� c 6 o • • 0 0 'u) o c°, ~ n.U ~ o a C > C U) CO a) (L) � o � W0 W F- 73 H ca • Q - 4 . H Z .c ca o L N. 'l. N. a) a) O O >- e- N N • > a) < > 2'U -cccaa - 8 E. >, 2 a) -c C 0 2 � - a) a) � C 4— 0) U) N Q. L- 2 c•E � O E -0 � (a m c, C � �. a- "- C O to a) C a) N _ _ _ a) (D� t O0 (13 20a) a) a) Nv Q 9- o 4- a) L o0 • a) COQ 0 a) � coca 'CD O N •a) a, EQ ( � •C o E a) a) •o '> E -0 -E. a) N .Ot - co _002 ( .o _o � -C - 1_ � s_ ca0a) -oCDE - co c -0 > C (a C L cA a) u) C .0 a) O ca Q ca a) 2 O a) N •E N _c .5 U - U N a) `~ •Lo -c -• L , •( C - U = 0 u) C Ca = O C a) L ""' O N N V (a (a co u) d < (a 73 L� 0 U a) O 0 4O O 0 4- 4 "_ C N Q C •' >,.C C E ... co O N �. i Z O .O 4. O C O N O CO Q O o 0) OZ a) �- � cQ aa)) 7U > 3 � C a) cu E .- L 0 0 _ . u) .- o a .r . a) N ma E 'c � co� 0 .- >ory a) Ca � _� C > m QOM Q O I— cn 0.0 2 ca ca ° o Q Q 0 E C L a) L o a) I- Q 0 C 40 ca � c� o � QU � � Hca � = oca O 0 >, 4- o of >,,o 1— ,a`)) 1 o � o 0 • c C O ca c`a c +-' C O N C C •- ,O U a) a) L Q u) E C O Q `- O O •` (a O fin O > N (a c°) Ego E73 _C CO-I-, C a) Q O 0_n- >,.-. C a) a) ca .0 Q u) -a N C i a) N C_ C - '5 E Q O (a � C ca . Q U (a C co (a 2 CO O (a «- O CC #: coUO -C >,' ) CCa -000CU — C Qa) m 0 U ' a) (6 i TT �_ i C ID Q" a) a) cn a) -C y1 a) E O (1) 45 C (a -C joa,C Q (a C a) w. (a a) a' > .0) Ea CC a) > oo4, a) � E ° � ° aait > 0 o - `o' -, C 'U)iE � • 000C -0 a) a = o ° Q -aoo � � a) - o2n -a coa) o o � a, y E (a cti u) u) a) CO _c Z Q a) U) N a) -IF Q C i a) O) C O a) .-' N ,C I Rf '- ca p o o) "- .C § Q S O O C � - L N a) .O •� Q >, O C O .— O > "-' U) as `0 U (C4 C 6 - C 'C a _2 N J a) +'CO-' •E Q C U) C -0 O O • Q Q.� •U C -a Q O u) C 0 C O .0 t a) _2 -c L O ca a) Q O co � C O 4- 'C co U O O CO O O � O 4' = C O O p ( •S Q= 0- Q 0 C _ E o E 2 c V .> O O O u) O 13 O - o . a) a) Y (CE 4— O a Q O mc C U) vac Q CC co Q Q Q a) Q 4' .O (L Q N U O W (a U C a Q O ,O cs co c = c -0 .<7 C _ N O U ca Q .- 0- Q N (a 0 a . co 73 'U L •L O W 0 - C p .••' eL a) = = V a) .0 O .<0> N N a) •O . CaaQ73 n0Eo ° .7) ma) ° , oaQcaa) (1) mLE U) . a) �. m co c� 0 a) o — u) > � - CD Cc � -0 - 4— � � Qm aa) o E_ 0uiai ooa) ) o = o E � o8N 0 .0) O N N - 5, •> N Z ,- a) C = = _0 ca N O 0 O CU M Q C � OL o C a) a) LO "a O - a •- C C O •5 a) O .0 C -C u) a) ,— C O 2 co V) O ,C i 0 Q .• C Y u) V O a "' Q C 0 a E (a O > (a •- Q 0 -' o O ,Q c' C a . ca 'D C 0 O N LO O E a) . O U ca ., CL) > v -0 � m = oC � � c `) .- > E ��' _0 o a) a) Cvw O cn c0i CL 0 1— cQ) U) o •`4 0- N •- " a) -OQ Q O C w H N u#) Q ccaa • • (% Attachment# a to EXHIBIT 1 Information Report# //-/a Information Compiled From Applicant's Submitted Draft Plan of Subdivision Toko Investments .."' ) 7 " . '-- 7 110 7,1 .... \we -,.. --. k, Al Jl /l + .. ....r--A ( . ,. . ( .A. 7 1 jr-N--- , /....f... :,-,,,,_ ____/ /../.... _i__ ..... _i 1V 11.+1•fltat/,�al ! J' ^ i i t '- __r'♦ ' �� l' •.. .1 7 1 • 1 -- if i 1..r /.."....--"--./7" : ' /t i P.,"-IN , • - . I' --- ---.-f" . 4...f .,,,. , " l' if ''''' 4/1 ---- - --I � IN A h. -.=•tEliih-Eii-r'.... -...-.9) it --- h .4 y — -:— i 1 - ". "' ri lnlr _J •"++ II- -.4. , i -, — .. II - . .1, ,...i ...„,..__,„ -_-_-_-_ ..... 1 i ,, ,, , __ _ .1 ......... . i ., - .. •, — ---,.: r . _,71,.._, .............is _ , 1,..-.-.-7/:::---1-ii--.-- . ----r - ,- it...1. . i ji 11 , ‘, ,V . [ - '' ''---1\'\\1 f .}i ---__ .” _._._ •■.-N. . i I il .. _ ligit IC.' I at stsocomA 1 'i. 1 .iti..1W-71 [Trw•-.1 ki:::" i/ I il ‘....... ri likro, 1 1 1-- 1 _J i i 1 I \ : I ./(} THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING& DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN,NOVEMBER 13,2012. EXHIBIT 2 Information Compiled From Applicant's Submitted Draft Plan of Subdivision and Hamlet of Claremont Development Plan 18T-90016(R) &A9/90(R) Attachment## ,R to — ' — — n rrratinrt ;?Doll:#_ //--/-2- I TOwNSMF OF I Hamlet of Claremont _ - '��'°°. , ' °` i I r. "`DEVELOPMENT PLAN : A V I;SCHEDULE 'A' w . „k Edition No 5 h II , , L effe 4i i —— IIN i 2 ,1, VIII Ili 1 I I iP 4Ap �I.y �gan j ✓ 0r ,.:4)01,• 1 ' ` L c�a, i 3f 0 . r I :< / a �x i r I I F ,, - ..,ems .. j___. 2 9F '.�3 Pad -- x If fi 6 r ...9 6�. ' # ir•. t. I .. ms,s _ 1 -_ .r1 y..,� 3 • I 1 k _ 4 , ,:.;41:4 111 t I . '� 1 �_ i i 1-T L T II i' ilk ' r- H 1 r ' ' I ! ` I `.• T-_ ;:.1 _ _Phase Use II s 4A Hanel F..0..-3,•:::.4.1'" i IMM ea anal--- ' 93 S— r Ronda fo In Su6NUOn I.' w ;, ••, - - - •- .. Bomldary ;.r.. vi j - I .I - F 1 1 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING E& DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN,NOVEMBER 13,2012. EXHIBIT 3 Attachment# _ ' to EXTRACT OF PT8KERiING OFF IC#AL4PL EDITION 1 SCHEDULE IV - 10 SETTLEMENT 10: CLAREMONT AND ARE A - NORTH SECTION TOWNSHIP OF UXBRIDGE uxBRIOGC PICKERING iOWNUKE Al .•.•.•.• .•.•...•.. :.::.:.,.. .::::::..: ..:::::.::::...:::::.: r. .....::.:::::::;:F7'4i7 . T. r r K., r. ..4 ici ir-.a00.45 4,111 - MI s 0 0 I ti I I 1 0 J1i tit=-4140. ?-w. u / i..I STREET / '' : f J ./ �1 •::::.,.0 w / D37 ,t114 II// 1% , qw�� /.a 0 <10 2 it! JAI a•YE� .MOM IN vellap:II "NMI EAEil®?..-....111u1 :I iii ill% `` `� CENTRAL • i1slY ©�_ 411 FA nr-1 r71T7 . • Q R LEGEND SYMBOLS CLUSTER r// RESIDENTIAL \1 RESIDENTIAL A OF WORSHIP :..........• NEW ROAD HAMLET --I CONNECTIONS i∎•_ COMMERCIAL (PROPOSED) PUBLIC SCHOOL ___ HAMLET �� RURAL SETTLEMENT --- EMPLOYMENT BOUNDARY OPEN SPACE SYSTEM- NATURAL AREAS D.3=� DEFERRAL Um TOWN OF PICKERING PANNING DEPARTMENT FEBRUARY. 1998 i"... .-"4,...7°=,: ♦C rtKIN ICCr..NMCCnC OT.CR SCRC9uE �THE*E� PICKERING OFFICIAL PLAN: Chapter Twelve-Rural Settlements 230 THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING& DEVELOPMENT DEPARTMENT,PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN,NOVEMBER 13,2012. Attachment#__to Information Report#. //-/a INFORMATION COMPILED FROM APPLICANT'S SUBMITTED SUBDIVISION PLAN THE CAIRO GROUP 18T-90016(R) &A 09/90(R) � al* OWNER'S OTHER LAND HOLDINGS ^ 19.8 3o.2B 213.34 mm 0.51 ha `o 31.76 38.58 58.63 65.38 19.05 �1 O ,\I' 10� N rn 8.2.p C O �. p� 2 033 ha 16 17 °� 1 39 a ml 0.33 ha 0.33 ha 0.35 na 20 V 0.45 ha 3 j 34 3309 0.46 ha 9titi�• %I 3�Q0 37'07 3707 . ,sy o �� 0 Ci STREET'S' C) 38.44 • ' 37.00 37.00 57.32 57,59 1 w 0. a 38.50 ip 11 w 61.90 Fr' A a 12 0.32 ha „ 0. �ha m 0.30 ha 8 0.33 ha ^O 0.35 he .p N 7 m cn 0.5 538 5038 • a 0) rte, 100.74 0.4440 ha 81.68 z Y 47.90 53.91 50 5a . ^ o 152.3 �_ ... __ _...._____._L. m A 23a LANE STREET 56.97 ,, w 78.91 ILI w w w w cr A .32 30 ha 0 ha I w 0 p ;�.___, 94.85 07 76.37 W w A O S " A -. 0. 2ha O 94.86 0.30 ha 3 0 . 4 BLOCK 28 0.32 ha g STREET'A' 0 0.3m Reserve 89.78 Ni c,4 w V A A CA 0. 1ha o 75.89 20 QQ 84.50 L •2 ' V v 0.39 ha 0.-30 ha = 1s N 98.99 61.89 . 104.56 o .. w 0.10 ha g 59.18 -G �.....__.._.....__...___.._-. 61.4 ' . N FULL SCALE COP/ES OF THE APPLICANTS SUBMITTED PLAN ARE AVAILABLE FOR NEW/NG AT THE CITY OF PICKER/NG PLANNING&DEVELOPMENT DEPARTMENT. THIS MAP WAS PRODUCED BY THE CITY OF PICKER/NG PLANNING&DEVELOPMENT DEPARTMENT INFORMATION&SUPPORT SERVICES, OCT 26, 2012. Attachment# to Information Report# // /a EXTRACT OF SCHEDULE IV - 10 SETTLEMENT 10: CLAREMONT - NORTH SECTION 4g9WIRO0IOp Of' ME3C312019■ 11 Y41 w w C1 m r ■ o r X 0 _A ,, o_ Aifkl--A0-- m ?Iiiiir:--ip-----tar- , ro.....,...„, • 'ice it � i:' i . AM. :. '; Fes.):::::::::: 11' 44$ 1g • cis z Ift !W1JJI assa `` ``'>r Fi1 FDIC � Il PA—— il ..1 Pr 111 - r 1151=;j• 04•: ..• ■E PSI NNW �� ���. ,i� M .�;A ::41MON ,gig,�I'-� ' �� ∎767' r_L, ■ �WAN rAlEr wori LEGEND SYMBOLS NEW HAMLET nlmlomlnn C NNECCTIONS PLACE // RESIDENTIAL (PROPOSED) A OF WORSHIP •••" :••••••♦∎ HAMLET RURAL SETTLEMENT _•_•_•:■ COMMERCIAL BOUNDARY 16 PUBLIC SCHOOL / „, OAK RIDGES MORAINE L__J HAMLET BOUNDARY ——_l EMPLOYMENT -l■I- 18T-90016 & A 9/90 BOUNDARY OPEN SPACE SYSTEM- ,,,, , NATURAL AREAS CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT MARCH. 2007 ICI TNIS MAP FORMS PART OE EDITION 6 OF THE DICKERING OKFICRAL PLAN AND MUST BE READ N CONJUNCTION WITH THE OTHER SCHEDULES AND THE TEXT. PICKERING OFFICIAL PLAN EDITION 6: Chapter Twelve--Rural Settlements 255 Cifq 4 _ Report to Executive Committee PICKERING Report Number: CS 44-12 Date: December 3, 2012 From: Everett Buntsma Director, Community Services Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns - File: A-1440 Recommendation: 1. That Report CS 44-12 of the Director, Community Services regarding traffic and safety concerns on Valley Farm Road and Glenanna Road, in response to Resolution #113/12 be received; 2. That the crosswalk request on Valley Farm Road at either Avonmore Square, in the vicinity of the 1880/1890 Valley Farm Road driveway, or at the intersection with The Esplanade North not be supported based on the traffic study results and staff recommendation; 3. That the crosswalk request on Glenanna Road at either the medical centre located at 1885 Glenanna Road, or at the intersection with The Esplanade North not be supported based on the traffic study results and staff recommendation; 4. That the upgrade of the intersection pedestrian signal to a full signalized intersection at Valley Farm Road and The Esplanade South/Diefenbaker Court be considered in the 2013 Capital Budget; and 5. That 50 km/h speed limit signs be installed on Valley Farm Road and Glenanna Road, and that two pedestrian crossing signs on Valley Farm Road be installed close to 1880/1890 Valley Farm Road with "Watch for Seniors" tabs added to the signs, and that the existing pedestrian crossing sign on Valley Farm Road north of Diefenbaker Court be relocated to a location south of Diefenbaker Court and a "Watch for Seniors" tab be installed on both existing pedestrian crossing signs. Executive Summary: The Durham Community Condominium Alliance on behalf of its residents at 1880/1890 Valley Farm Road and other area residents have expressed concerns related to pedestrian safety on Valley Farm Road and Glenanna Road. Their request for additional traffic safety measures included an additional crosswalk at Avonmore Square on Valley Farm Road, a crosswalk at the medical centre on Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 2 • Glenanna Road, and converting the pedestrian signal to a full signal at Valley Farm Road and The Esplanade South/Diefenbaker Court. The traffic concerns stem from an incident that occurred on January 8, 2012, where a resident at 1880/1890 Valley Farm Road was crossing Valley Farm Road and was struck by a vehicle. The pedestrian later passed away in hospital due to the injuries sustained. On September 18, 2012 Council passed Resolution #113/12 for staff to review possible safety improvements on Valley Farm Road and Glenanna Road, citing increasing vehicular traffic and speed in the area from development in the area. In response to Resolution #113/12 and resident concerns, Engineering Services staff completed a traffic review of Valley Farm Road and Glenanna Road. Based on the results of the traffic review, Engineering Services staff does.not recommend the installation of a pedestrian signal or crosswalk on Valley Farm Road at Avonmore Square, near the condominium driveway, or at The Esplanade North. Staff does not recommend the installation of a pedestrian signal or crosswalk on Glenanna Road at the medical centre or at The Esplanade North. Staff does however recognize the benefit of converting the pedestrian signal at Valley Farm Road and The Esplanade South/Diefenbaker Court to a full signal and recommends this conversion. Staff also recommends installing 50 km/h speed limit signage on Valley Farm Road and Glenanna Road, repositioning of the more southerly existing pedestrian crossing sign on Valley Farm Road to a location on Valley Farm Road further south were the sign would better be utilized, the addition of two additional pedestrian crossing signs on Valley Farm Road in both directions in advance of the 1880/1890 Valley Farm Road condominium driveway with a "Watch for Seniors" tab added to all proposed and existing pedestrian crossing signs on Valley Farm Road. Financial Implications: The installation and upgrade of the existing pedestrian signal at Valley Farm Road and The Esplanade South/Diefenbaker Court to a full signalized intersection would cost approximately $150,000 and will be recommended by staff as a 2013 capital budget item. Additional speed limit signs, warning signs, and posts'can be accommodated under the Roads current budget. Discussion: On January 23, 2012, a letter was received at the Office of the Mayor dated January 20, 2012 from the Durham Community Condominium Alliance at 1880/1890 Valley Farm Road. The letter states concerns related to pedestrian safety and traffic on Valley Farm Road and Glenanna Road, citing an incident that occurred on January 8, 2012, where one of their residents was crossing Valley Farm Road and was struck by a vehicle. The pedestrian later passed away in hospital due to the injuries sustained. In addition, the letter also refers to another resident at 1890 Valley Farm Road that was struck in front of City Hall at the end of November 2011. In their January 20, 2012 letter, the Durham Community Condominium Alliance requested that city staff and council consider the following measures on Valley Farm Road and Glenanna Road: Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 3 • reduce the speed limit to 30km/h • speed bumps, traffic calming measures or flashing yellow lights • a pedestrian crossing at the medical building (on Glenanna Road) for access to and from the Pickering Town Centre • a pedestrian crossing on Valley Farm•Road south of Avonmore Square for access to and from the park and City Recreation Complex • eliminate parking on both sides of The Esplanade [North] • review positioning of stop sign on The Esplanade [North] entering onto Valley Farm Road City of Pickering staff responded to the letter from the Durham Community Condominium Alliance stating that staff will review traffic on Valley Farm Road near the condominium driveway in conjunction with the 2012 traffic counting program, that, subject to further review, the City was considering the full signalization of the intersection of Valley Farm Road and The Esplanade South/Diefenbaker Court. City staff also reviewed the location of the stop sign on The Esplanade North at Valley Farm Road and have concluded that no adjustments are required as it is quite common that a vehicle must come to a complete stop at a stop sign and then come to another stop further into the intersection due to sight lines. The response also stressed that pedestrians should use the existing safe pedestrian crossing points on Valley Farm Road which are at Kingston Road and The Esplanade South/Diefenbaker Court. The safe pedestrian crossing points on Glenanna Road are at Kingston Road and The Esplanade South, where traffic signals are present. The Office of the Mayor also received a letter dated January 28, 2012 regarding the operation of the intersection of Valley Farm Road and The Esplanade South/Diefenbaker Court. This letter, from a resident at 1880 Valley Farm Road, expressed concerns related to vehicles on The Esplanade South/Diefenbaker Court not yielding the right-of-way to pedestrians crossing at the signal, or to vehicles travelling on Valley Farm Road. The resident recommended that is intersection be changed from a pedestrian signal to a full traffic signal for safety reasons. A letter was forwarded to the resident from City officials indicating that City staff was considering the full signalization of the intersection of Valley Farm Road and The Esplanade South/Diefenbaker Court, subject to further review. A subsequent letter followed from the Durham Community Condominium Alliance on May 15, 2012 specifically related to concerns regarding residents at 1880 and 1890 Valley Farm Road crossing Valley Farm Road. In that letter the Durham Community Condominium Alliance management listed measures that they would like to see implemented on Valley Farm Road on behalf of their residents who share this concern. The measures that were listed are as follows: Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 4 • A barrier on the east side of Valley Farm Road running perpendicular to the pedestrian path along the north side of the recreation complex so that pedestrians are deterred from crossing the roadway at this location. • Simplification of the current pedestrian crossing at Valley Farm Road and The Esplanade South. • Installation of a white line pedestrian crossing on Valley Farm Road at Avonmore Square supported by flashing lights and signage. The Durham Community Condominium Alliance has cited high speed of vehicles, high traffic and pedestrian volume, proximity of other crossings (especially for seniors), sightlines during peak times and land use as the causes for difficulty in crossing the roadway. On September 18, 2012 Council passed Resolution #113/12 (Attachment#1) for staff to review possible safety improvements on Valley Farm Road and Glenanna Road, citing increasing vehicular traffic and speed in the area from development in the area. In response to the concerns presented by the Durham Condominium Alliance management, the residents of 1880 and 1890 Valley Farm Road and Council Resolution #113/12, Engineering Services staff completed a review of Valley Farm Road from Kingston Road to The Esplanade South/Diefenbaker Court and on Glenanna Road from Kingston Road to The Esplanade South. The review included the following: • Measuring distances on Valley Farm Road from the driveway at 1880/1890 Valley Farm Road to the existing safe pedestrian crossings at Kingston Road and The Esplanade South/Diefenbaker Court. • Collection of 72-hour vehicular traffic and speed data on Valley Farm Road between Avonmore Square and The Esplanade North. • Collection of 72-hour vehicular traffic and speed data on Glenanna Road just north of The Esplanade North. • Eight hour vehicle and pedestrian counts on Valley Farm Road at the intersections of Avonmore Square, The Esplanade North and The Esplanade South/Diefenbaker Court. • Eight hour vehicle and pedestrian counts on Glenanna Road at the unsignalized intersections of The Esplanade North and Pickering Parkway. • Eight hour pedestrian gap study on Valley Farm Road between Avonmore Square and The Esplanade North. • Review of sightlines on Valley Farm Road. • Observations on Valley Farm Road at the condominium driveway and on Glenanna Road between Kingston Road and The Esplanade South. The results of the review and recommendations are presented in the following sections. It should be noted that a crosswalk crossing Valley Farm Road and Glenanna Road would have to be investigated as a pedestrian signal and not painted lines and signage due to safety concerns associated with an unprotected crossing on an Arterial Type C roadway. Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 5 A barrier on Valley Farm Road is not recommended Staff does not recommend installing barriers, such as guiderail, to prevent pedestrians from crossing roadways at certain points due to aesthetics, installation and maintenance cost, inconvenience, and lack of effectiveness. Parking on both sides of The Esplanade North is subject to the City's parking by- law All parking on The Esplanade North is subject to the City's parking by-law, which states on-street parking is allowed for a maximum of 3 hours at a time and that overnight or on-street parking during snow removal is prohibited. Although the roadway is wide enough to accommodate parking on both sides of the street and still provide two-way. vehicular travel, restrictions are in place to prohibit parking in front of the private driveway at 1400 The Esplanade North or the underground garage ramp for City Hall to ensure traffic sightlines and to allow for efficient Fire Truck staging. Distance from the 1880/1890 Condominium Driveway to the Existing Safe Pedestrian Crossings is considered adequate Pedestrians crossing Valley Farm Road from the condominium driveway at 1880/1890 Valley Farm Road are encouraged to do so from the traffic signal at Kingston Road or the pedestrian signal at The Esplanade South/Diefenbaker Court. The walking distance from the condominium driveway to the crosswalk of the full signal at Kingston Road and to the pedestrian signal at The Esplanade South is 182 metres and 219 metres respectively. The Ontario Traffic Manual, Traffic Signals Book 12, recommends that spacing of traffic signals for an arterial road be a minimum of 215 metres but preferably at least 250 metres to 450 metres to increase driver expectancy and awareness of traffic controls. Also, the Region of Durham has guidelines related to intersection and signal spacing. According to the Region of Durham's Arterial Corridor Guidelines document adopted by Regional council in 2007, minimum signal spacing of 300 metres should try to be achieved on arterial type roadways. A pedestrian signal at either Avonmore Square, in the vicinity of the 1880/1890 condominium driveway or at The Esplanade North would not meet these minimum guidelines. In addition, the Region of Durham and City of Pickering staff has concern regarding placing of signals so close to the already established traffic signals at Kingston Road or The Esplanade South/Diefenbaker Court because of the following reasons: • Drivers may potentially travel faster to beat signal lights that are changing to a red indication resulting in non-compliance of traffic laws and creating, potentially, a more dangerous situation. Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 6 • Closely spaced signals could confuse drivers approaching the area as to which signal indication is for Kingston Road or The Esplanade South/Diefenbaker Court and which is for the proposed pedestrian signal. • Should a pedestrian signal be placed at either Avonmore Square, in the vicinity of the 1880/1890 condominium driveway or The Esplanade North, the actual stop location for vehicles could be placed as much as 25 metres back from the pedestrian signal (so drivers could see the signal indication) creating even less distance between signalized intersections and may create conflicts with other intersections in the area. • The right turn channelized island from Kingston Road to southbound Valley Farm Road creates additional complications for drivers, since drivers merging onto Valley Farm Road would be less than 100 metres from a pedestrian signal at Avonmore Square or the in the vicinity of the 1880/1890 condominium driveway. • The existing pedestrian signal at Valley Farm Road and•The Esplanade South/Diefenbaker Court has been investigated because of residents concerns related to pedestrian safety at the intersection. A new pedestrian signal introduced further north on Valley Farm Road could create the same concerns. A pedestrian crossing signal at either Avonmore Square, near the condominium driveway, or at The Esplanade North would be too close to the already existing pedestrian crossing points to justify installation, and is therefore not recommended. A pedestrian crossing at the medical building on Glenanna Road or at the intersection with The Esplanade North is not recommended Pedestrians crossing Glenanna Road from the medical centre to the Pickering Town Centre are encouraged to do so from the traffic signals at Kingston Road or from the traffic signals at The Esplanade South, which are both designated crossing points for pedestrians. The walking distance from the medical centre to the crosswalk of the full signal at Kingston Road and the full signal at The Esplanade South is 81 metres and 170 metres respectively. The walking distance from The Esplanade North to the crosswalk of the full signal at Kingston Road and the full signal at The Esplanade South is 156 metres and 96 metres respectively. Introduction of a pedestrian crossing at or near the medical centre would cause significant vehicular delays on Glenanna Road resulting in increased traffic congestion to the north, potentially creating a safety issue on Kingston Road, and to the south, past the intersection of The Esplanade North, effectively blocking the intersection. Also, a pedestrian signal at either the medical centre or the intersection of The Esplanade North would not meet the Region of Durham's 300 metre spacing between traffic signals according to the Region's of Durham's Arterial Corridor Guidelines document. In addition, the Region of Durham and City of Pickering staff has concern regarding placing of signals at this location for the following reasons: Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 7 • A new pedestrian signal at the medical centre would effectively eliminate the vehicular turning lanes on Glenanna Road for the medical centre and the Pickering Town Centre due to the setback required for vehicles stopping at the new pedestrian signal. This would cause significant queuing into the Kingston Road intersection and The Esplanade North intersection. • A pedestrian signal at The Esplanade North would effectively eliminate the southbound turning lane at The Esplanade North and interfere with the driveway at the Civic Complex and Central Library, which will create frustration and potentially create an unsafe situation. • Closely spaced signals could confuse drivers approaching the area as to which signal indication is for Kingston Road or The Esplanade South and which is for the proposed pedestrian signal. • Drivers may potentially travel faster to beat signal lights that are changing to a red indication resulting in non-compliance of traffic laws and creating, potentially, a more dangerous situation. Therefore, a pedestrian crossing at either of these locations on Glenanna Road are not recommended. Speed Data and Vehicular Volume indicate that vehicles are travelling at an appropriate speed for an Arterial Type C roadway Speed and vehicular volume data was collected between March 27, 2012 and March 29, 2012 for Valley Farm Road and Glenanna Road. Based on the traffic study, the 85th percentile speed, which is the speed of which 85 percent of the traffic is travelling at or below, is 54 km/h for northbound traffic and 52 km/h for southbound traffic on Valley Farm Road, and 46 km/h for northbound traffic and 47 km/h for southbound traffic on Glenanna Road. The speed limit on Valley Farm Road and Glenanna Road is 50 km/h. The daily traffic volume on Valley Farm Road is 3,686 for northbound traffic, 3,968 for southbound traffic, and 7,654 for total traffic. The daily traffic volume on Glenanna Road is 5,093 for northbound traffic, 4,560 for southbound traffic, and 9,653 for total traffic. According to the City's official plan, Valley Farm Road and Glenanna Road are Arterial Type C roadways and can carry 12,000 vehicles per day. With regards to the request of lowering the speed limit to 30 km/h and to provide physical traffic calming measures on the roadway, the City does not use a 30km/h speed limit on any of the City maintained roadways. Posted speed limits on City maintained roadways range from 40km/h to 60km/h. Valley Farm Road and Glenanna Road have designated 50km/h speed limits and use acceptable and current geometric design standards in use in Ontario, for the 50km/h speed limit. Physical traffic calming measures such as speed humps are also not recommended on Valley Farm Road or Glenanna Road. Based on results from the speed study, these roadways do not meet criteria established for traffic calming measures as set in the City's Safer Streets Traffic Management Strategy document, which was adopted by Council in 2003. Also, police, Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 8 fire and ambulance generally oppose speed humps because of the increased response times when an emergency occurs, and they also impact winter control operations. In addition, physical traffic calming measures are not generally used on roadways where Durham Region Transit and school buses routinely travel. The existing walking distances, speed and daily traffic volume on Valley Farm Road and Glenanna Road can be seen graphically in Attachment #2. Gap Study Analysis indicates that there are sufficient gaps on Valley Farm to cross safely An eight hour gap study on Valley Farm Road between Avonmore Square and The Esplanade North was completed on June 27, 2012. The time period of the study was 7am to 9am, 11 am to 1pm and 2pm to 6pm. The Canadian Capacity Guide for Signalized Intersections indicates a standard walking speed range from 1.0 to 1.2 metres per second for pedestrians crossing roadways and intersections. Valley Farm Road has a pavement width of approximately 13 metres near Avonmore Square. Based on the walking speed and the pavement width, an acceptable gap on Valley Farm Road could range from 11 seconds to 13 seconds to allow time for pedestrians to cross. However, recognizing that many residents at 1880 and 1890 Valley Farm Road are seniors, a larger gap may be required. Therefore, the following summarizes the gap study for the larger acceptable gap of 13 seconds (walking speed of 1 metre per second) as well as a gap of 20 seconds (walking speed of 0.65 metres per second) which, is more than adequate for slower moving pedestrians. It should be noted that pedestrians were observed crossing Valley Farm Road in approximately 8 to 10 seconds. Gaps in the following sections refer to a gap in both the northbound and southbound traffic at the same time. AM Period (7am-9am, 2 hours) Number of Acceptable Gaps = 163 gaps 13 seconds or greater, 95 gaps 20 seconds or greater Average length of gap = 19 seconds Average number of acceptable gaps (equal to or greater than 13 seconds) per 5 minute interval = 6.79 Midday Period (11am-fpm, 2 hours) Number of Acceptable Gaps = 138 gaps 13 seconds or greater, 81 gaps 20 seconds or greater Average length of gap = 16 seconds Average number of acceptable gaps (equal to or greater than 13 seconds) per 5 minute interval = 5.75 Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 9 PM Period (2pm-6pm, 4 hours) Number of Acceptable Gaps = 296 gaps 13 seconds or greater, 143 gaps 20 seconds or greater Average length of gap = 16 seconds Average number of acceptable gaps (equal to or greater than 13 seconds) per 5 minute intervals = 6.17 The results of the gap study indicate that there are significant number of acceptable gaps in traffic to cross at this location, however, it is still recommended that pedestrians cross at the safe pedestrian crossings on Valley Farm Road at Kingston Road and The Esplanade South/Diefenbaker Court. Intersection Traffic Counts and Signal Warrants at Valley Farm Road and The Esplanade South/Diefenbaker Court Eight hour vehicle and pedestrian turning movement counts were completed on April 3, 2012 for the intersection of Valley Farm Road and The Esplanade North and on April 4, 2012 for the intersections of Valley Farm Road and Avonmore Square and Valley Farm Road and The Esplanade South/Diefenbaker Court. The time periods counted on these days were lam to 9am, 11 am to 1pm and 2pm to 6pm. A traffic signal warrant analysis was completed at the intersection of Valley Farm Road and The Esplanade South/Diefenbaker Court. Currently, this intersection is controlled by stops signs on The Esplanade South/Diefenbaker Court and a pedestrian activated signal for vehicles on Valley Farm Road. Vehicular and pedestrian volume was used to prepare a signal warrant analysis based on Ministry of Transportation of Ontario standards. The traffic signal warrant requirements were not fulfilled for the intersection. Observations and full traffic signal recommendation at Valley Farm Road and The Esplanade South/Diefenbaker Court Although the traffic signal warrants indicate that full signalization is not necessary based on traffic and pedestrian volume, staff does note that it can be challenging at times for motorists to turn left or go through the intersection from The Esplanade South, especially in the peak hour times. This is due largely in part to the curve to the south of the intersection, a street light pole and a hydro box that hinder sightlines. A full signal at the intersection of Valley Farm Road and The Esplanade South/Diefenbaker Court could also benefit those who are crossing north of the intersection across Valley Farm Road as through traffic on Valley Farm Road is stopped for a moment as vehicles and pedestrians on The Esplanade South and Diefenbaker Court clear the intersection. This intersection also has had three collisions in the last five years that are considered correctable by the installation of a traffic signal. For these reasons, a full traffic signal would be beneficial at the intersection and is recommended. Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 10 The pedestrian volume crossing Valley Farm Road at The Esplanade South/Diefenbaker Court was 220 during the eight hour count. In comparison, pedestrian volume crossing Valley Farm Road at The Esplanade North during the eight hour traffic count was 57, and was 39 at Avonmore Square. Therefore, the full signalization of Valley Farm Road and The Esplanade South/Diefenbaker Court could simplify the pedestrian crossing at this intersection. A full signal could also provide for relief as sightlines are slightly hindered at the intersection for vehicles exiting from The Esplanade South and turning left onto Valley Farm Road or going through to Diefenbaker Court. Additional 50 km/h speed signs and warning signage on Valley Farm Road and Glenanna Road are to be installed The review of Valley Farm Road and Glenanna Road indicates that 50 km/h speed signs are recommended along both roadways for installation. On Valley Farm Road, pedestrian crossing signs are present between the intersections of The Esplanade North and The Esplanade South. These signs however were installed before the pedestrian signal at Valley Farm Road and The Esplanade South/Diefenbaker Court was installed, and with the modifications presented in this report, it is recommended that the more southerly sign for northbound traffic be repositioned further south on Valley Farm Road so that it is better utilized along Valley Farm Road. Also, it is recommended that two additional pedestrian crossing signs be added in both directions in advance of the 1880/1890 Valley Farm Road condominium driveway. A "Watch for Seniors" tab can be added to all the pedestrian crossing warning signs to warn motorists of seniors crossing the road. The existing and proposed signage on Valley Farm Road and Glenanna Road can be seen graphically in Attachment#3 Sidewalks on Valley Farm Road and Glenanna Road Sidewalks on Glenanna Road are sufficient for all pedestrians to use. Sidewalks on Valley Farm Road are sufficient, however, the temporary asphalt sidewalk on the east side of Valley Farm Road from Kingston Road to 100 metres south thereof is planned to be reconstructed with the development of the adjacent site. The 2011 capital budget indicated that the City would, in conjunction with the adjacent proposed development on the southeast corner of Kingston Road and Valley Farm Road, construct a concrete sidewalk in this section of Valley Farm Road. Report CS 44-12 December 3, 2012 Subject: Valley Farm Road and Glenanna Road Traffic and Safety Concerns Page 11 Attachments 1. Council Resolution #113/12 - Valley Farm Road and Glenanna Road Traffic and Safety Concerns 2. Pedestrian Crossing Study Map, Valley Farm Road and Glenanna Road: The Esplanade South to Kingston Road 3. Existing and Proposed Signage, Valley Farm Road and Glenanna Road: The Esplanade South to Kingston Road Prepared By: Approved / Endorsed By: L�All1 ,M Nathan Eme Everet :unt , PD, CMM, Coordinator, Traffic Operations Director, Community Services - \ L.if /A..1.. .. 4.2 0 i Darrell-Selsky, C. .T.,' MM III Rich rd W. Hoorn, P. Eng Supervisor D' Sion Head, Engineering Services Engineering & Capital Works NE:ds Recommended for the consideration of Pickering City ncil day: ZO, 2-0(2 Tony Prevedel, P.Eng. Chief Administrative Officer • ATTACH MENT# �,._._ TO REPORT# CS 4 '12—/ of Legal and Legislative Services Clerk's Office Directive Memorandum September 19, 2012 To: Everett Buntsma Director, Community Services From: Debbie Shields City Clerk Subject: Direction as per Minutes of the Special Meeting of City Council held on September 18, 2012 Notice of Motion Valley Farm Road and Glenanna Road Traffic and Safety Concerns Council Decision Resolution #113/12 WHEREAS residents in the area of Valley Farm Road south of Kingston Road have expressed concerns with pedestrian safety and traffic concerns on Valley Farm Road and Glenanna Road; and WHEREAS the present speed limit on Valley Farm Road and Glenanna Road is 50 km/hr; and WHEREAS with development in the area, traffic speed and volume has become a greater problem; and WHEREAS the neighborhood has seen increased residential development, particularly seniors; and NOW THEREFORE BE IT RESOLVED that the City of Pickering staff be directed to review and report back to Council on possible safety improvements. Please take any action deemed necessary. Debbie Shields /Ir / ‘.,,,.. .4 ,,,,,A,,, . ,„5„, ',, .,,. v, ,� �P-�r •✓ r- A �� `'ik'-, .- -,..,.'-. -- - - - ' ' - ..:N,..._) ' .Ttir f :a S -Hi _„! �' \, f�l�j I� it a+ 4�. IT`ap t —__:„ �,�� v !� 4 y-'f'-At J 1 0 _Rs \, 'y b et. , . -''S ,,, A \ `,.. 4,i,f , .., §' Cy'�•'4 1r 182.Om FROM ,:"'_ t,. , '° +� �; ' 1J ; ` Ks., DRIVEWAY TO � F, p KINGSTON ROAD 1 g� �,•4 • �' V`f: �. x`t CROSS-WALK - V : s • �,7 "(� n• r =Pa '-. ^ ✓ 1 4":„...„-- / EXISTING FULLY s :•' 1 � ',N. SIGNALIZED INTERSECTION' • - b �� a I TWC �.`. 219.Om FROM • -„f� ., 1. DRNEWAY TO 4 S, ` \5s s- ESPLANADE SOUTH'‘N 4.q' �1 r 1,0 tea\. CROSS WALK A.;,,... .ft•r i! „; 7sR FROM },%r 1„yyyy c - i 7- \ate '4.,. L• DRIVEWAY TO ..,;� ,� f a 7 [ i -ESPLANADE SOUTH - \G . age ,•t it .. t _. -+c .._ �.� ' 1 i:�- CROSS-WALK 6 �l,:i11,�;. `� , DRIVEWAY i0 KINGSTON' • �oy. `` `�' v ROAD CROSS-W a "- :31� �j� -� Gy of 280m FROM '+ S r IY - •I j SIGNALIZED F.st r t%y t�. P w�\��\�r,c INTERSECTION ,;® ♦ -,«,,,� y •- TO SIGNALIZED ,A a pr A 1 .I :f 'PEDESTRIAN CROSSING DATA(ONE DAY)- S INTERSECTION t �<. S� i COMMUNITY SERVICES j S �,� �, ��i i e r�'-e�' 161 PEDESTRIANS NORTH SIDE(IPS) y M \ N Y - s. DEPARTMENT '! '- Ji ar t ''''''411 ��,� M- ;� � 59 PEDESTRIAN CROSSINGS SOUTH SIDE ^ +. ENGINEERING SERNCE9 ✓ly 96.0 FROM •41I 4 i •,,4'*•: • + A.,1 DNISION .f. 9-.gESPLANADE NORTH TO le 1 I �� �l a4? --- ESPLANADE SOUTH , �� "`"' •,: •' t t4 ',. CROSS-WALK �, y�„�+ FULLY-AL- .+ DISTANCE BETWEEN woe - it'. .EXISTING FULLY •0^'' SIGNALIZED .� 'cs"�iR'3,X'_ .r 1'�,i ` �lil SIGNALIZED INTERSECTION ;' �” "k �, •'T _ INTERSECTIONS 7 'fit 1.A - i!e // -. PEDESTRIAN . 4Y- .? ,h �;t' �aa ,. 0 m� 4t r , CROSSING ^�,h eP +' STUDY MAP y,lh .ems ' h 4 W. �;, ! .�`.,. b{ F GLENANNA ROAD: /� )) THE ESPLANADE KINGSTON RD ,,.f, th I ”+` T EXISTI FU L-_Y -4! III 3!II) TO OERINL1ON RD i9 .+ 9 h, ! `� ,p! `�SIGhA ED /-Eh EC ON� + TM� a ARTERIAL TYPEC .T` 11 ,R+.- 6 ^' V tit_ a,'/''''�, SPEED LIMIT 60 krMv bS`�4 -, +,\\ ' - „ i ; III ji.11 : LEGEND �y k....404.1'''''.ro ' '- r--- ,,,• ,o.+ t , _ FuuvsIGNAUZED t- ti ®^ /y�.. �,(� m S" pF '�^; �y I�II'�I.INTERSECTION WITH y ®` ` PEDESTRIAN CROSSING bs.Y l w ! i Tom` ,.� ',,_1' •m A IPS ONLY -GC-la :3 0., 1131RFPORT#_. /1.--, ... • .t •.-,‘ ',4. * , ,4 A', '1„.• :'4. ■•' . , .. .. , . . :,- -. .# . :, 44* . ••,fi;.% •. ,,,--. t`•{,",,,'' • _ . . •.;', ., . -. -',/, is*15'7. ,., ,,,','• **4 '' 044111061`.*04444. '!4.. ' *,;// f.r• - ' - \ - "... '•;' ' t r • : t ''' '' ..4) • ' - I.. - - • .. . . 7. 7` . ., . .r,- ., ,,1,-114 . , " -• ' , ':' ' , - -.._ , ,,,. .. *sr,..,". .,-,0'" ,1-1.,•.'A. . .:. r ' ‘.. . . . ;.''', \''.!..''''''s 1‘,1.4,1''4, 6 1 - -, . EXISTING YIELD AND EXISTING 50 KM/H '..s • . . 1- i 4)% 4''' ' '44. ''..'. " . DEO NOT ENTER SIGNS - , ...w ,'.':','"V-.-' 1.,*,,-- • -' . $ BEGINS SPEED LIMIT SIGN , • ' -- - ' NS''.*-4Y• :,,..., , - • -,' *-,,. -,'''' .f .mt,,kukti --g " Rg Y ' -:,• .4'. 3" V ' s''' , - ..'' 1. ,„-r, '.,„ - • ' ., ,,,:- ,,4•471\N •' "'•• *, •I., 50 - ,- ' --. ,,„ \. ', 4'' '' '4r4. '' .■‘ , i i ..• '„et ..M. A '( • __.._ _ **.- .,01.:4,„ 14 .. ' , , , • •• - ' '' ,-},3,.‘s 4; . 7 fl. • A" :••f ,, /.. -' \ • *••.0,14 ' ';`•'''' .45--""••••1' ••••72 • . ..4'.:, -.7 (.,/k..,156-5-410:0-Fia,,t. 1 , 7 . ' * *..•T, -..-= • - - ' a: .,. "i„,..2. . . ■ ,v ,--., . -:-1 ' •• - ,, . PROPOSED PEDESTRIAN Ai" „ -• . rirS17H SBEESI •• , , , CROSSING SIGNS WITH ,r WATCH FOR SENIORS"TABS -'-'"."----------', r_ ,.. .t.....- . i .. _' . 50 \ i PROPOSED 50 KM/H 4r' ',f . ., PROPOSED 50 KM/H BEGINS SPEED LIMIT SIGN ,"-ir itA. „..,.BEGINS_SPEED LIMIT SIGN .-" '4.4".':.q.V4, :I SIGN EXISTING T OB PE ERDEELSOTCRAI AT EN DAHEAD . _ , .1., -. ". ' \ - S" ' ' , 44. • , ".. , . ' ,,.111i PROPOSED"WATCH FOR SENIOR A. .. _, .rr , ,. . '.SV ' TAB TO BE ADDED TO EXISTING ' — , ..1`?. Nr ' ;': . . ,4.' '• ' ' :.•,i-• `',,---' PEDESTRIAN CROSSING SIGN ' : .;;•, \ ... . '.. ,:;,. .-ft ,,,,-;..,,v,:r.:.: . ,- ' .,. ..k.4 ..t'" -0, --,';,-L$ ': '.. ' 5*,?,,••••,;•., '4' '',,7•' ' ' /ON IC RE0 - s> .,,,,,TOP ' '''', '' ... ky -- - , -.7.1 .,I•- 4. , SOW ,..' • "•-:',,, ,,.• *rL, a , „..,, , . - ,ta, .. _. ,,/ mamum -."' •°, . IL,iivr,; '.:'%.' ,..-'rs. .- ''.. EXISTING STOP HERE ON __, siGNAL ,. -. ■ ." ' ''''.1 ' `f;r4, ...4 .,r„, . ... . RED SIGNAL SIGNS ..;.,(:■ ,,_. ...„. .•,,.,‘`,... . ,,,... jfci<EN)NT ; : 50 !,...... ,. l• . ,- t_ er. - - , BEGINS r '•-• '.*: ' .'''''•'• ' -,- .'"L.—- '; ' ' : • COMMUNITY SERVICES ',i? • . 1+ .•Ail,' * ,.. .: .-.. - . ., . '. ,'.,,,- ■ 4%4 .. Cr%t7Tr''',"•*- 7"Wal.. ,...": .''';, ,,•••''. 1 • ..,..e.,•,. i DEPARTMENT .. ..., •.,, . I 0,;45‘ -1. • ..::: ,,,,r • ',IF.' ' ' ..*,..,- .'' '''.- 0, ' * '''' ' •i td(.. 4) i ENGINEERING SERVICES 4. .....,.•-, "... =Et A iv..0• ; ., --.. . ...0 o A;), , '..... )1, ., ------ --, .. ■ ..--.: ,- - -9.7 - -4,-. i ..s: -,•... -1 . ... DIVISION ..•:-L',.'"--•',.- "*".'la ' • '''''..,. '.-- ,:•'`' ' • /44 •.' ". 1-.. •tt•-''• •• -, .. •' •M ..k. I, • „*_,, • !iv"... .,. 40 ," ,- •: !...., EXISTING RIGHT 4 -.„k ''-'"- '' . . ." • 7•:: TURN LANE SIGNS ;rit s PROPOSED 50 KM/H '- ' PROrOSED.LOCA • . -, •, LOCATION OF RELOCATED- -' " PROPOSED .e. ,,.., .. ,• SIGNAGE■ - -,74, ,,,,,,. SPEED LIMIT SIGN •:,, ',. PEDESTRIAN AHEAD SIGN WITH ' 1 „ , • PROPOSED WATCH FOR SENIOR TAB S" ' VALLEY FARM ROAD •■ THE E . ' '...-IA '' ' 7'' 1 '4 , TO KINGSTON ROAD , • Or' 6,.•"', _--i4 .,, , ,-„1"--- 'hi.' 0 , s. ' ARTERIAL TYPE C - A -....1 4 .• *`•••-Nel" .$ PROPOSED 50 KM/H ,..,,,, ' '' i ,,,- SPEED LIMIT •' 410.•-;'„te., _.'- 4....: - -' - ''''r 1. . . 1,14' ' ) SPEED LIMIT SIGNS ,....",,. ,- .. .... at I. . ..,... _ " " ' . 50 km/h • •• - " • STOP,GO TRANSIT, ,.. • pr- ,. Lai .. ,. , .- AND NO PARKING . . •"..--V,'" -„.....,.. — " -,. ''. - r ,• ;PIP!'" ., -.41 , - .' SIGNS ARE NOT SHOWN 0••• •. , : LEGEND . : s .,,,..,. „.. , ..- \ . .,.. , . .....• ., . ... , . . , ___ _.....„-- \ k .,_-' .. , ....ft - , . • .1._ A '. - ...C/ SIGN 0 PROPOSED 50 SIGN -0- SIGN TO BE REMOVED AND RELOCATED 36 cis Report To Executive Committee PICKERING Report Number: CST 32-12 Date: December 3, 2012 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Section 357/358 of the Municipal Act—Adjustment to Taxes Recommendation: 1. That Report CST 32-12 of the Director, Corporate Services & City Solicitor be received; 2. That the write-offs of taxes as provided under Section 357/358 of the Municipal Act, 2001 be approved; and, 3. That the appropriate officials of the City of Pickering be authorized to take the necessary action to give effect hereto. Executive Summary: Not Applicable Financial Implications: If approved, the write-off of taxes as referred to in Attachment 1 of this report, represents a gross cost of $215,650.14 with a net cost to the City of approximately $43,787.52, the balance being charged back to the Region of Durham and the School Boards. Pickering's share of the costs will be charged to the 2012 Current Budget allocation under General Government — Provision for Uncollectable Taxes. The 2012 budget provision is $276,310.00, and $297,404.90 (including the above) has been spent to date. Discussion: The Municipal Act provides the Treasurer with various tax tools regarding the administration and collection of property taxes. Under the provisions of Section 357 of the Municipal Act, reduction of taxes due to fire, demolition, exemption, assessment change or error is allowed. Change in realty tax class can translate into lower property taxes if the property went from industrial to commercial tax class or commercial to residential tax class. Demolitions, and other physical changes to a property, such as removing or filling in a swimming pool, or damage caused by fire or flooding, result in a reduction in assessment and a corresponding reduction in property taxes. Six of the properties referred to in Attachment 1 reflect the comment "Should be/became Exempt." These properties were formerly assessable, but are now exempt from taxation. Two of these properties were purchased by religious organizations, and four were purchased by the Ministry of Transportation. Report CST 32-12 Date: December 3, 2012 Subject: Section 357/358 of the Municipal Act-Adjustment to Taxes Page 2 Section 358 of the Municipal Act, allows taxpayers to have their assessment revised by MPAC where they believe that they have been overcharged due to a gross or manifest clerical error on the part of MPAC. They are allowed to have their property taxes adjusted for the current year plus the two prior years. This section of the Act allows for the reduction of taxes due to such errors, once confirmed by the Regional Assessment Office of MPAC. Two of the properties referred to in Attachment 1 reflect the comment "Gross or Manifest Clerical Error (MPAC)." These properties were incorrectly assessed with 85% finished basements, and this report will adjust the related accounting transactions to reflect the correct assessments for all eligible years. The purpose of Sections 357/358 is to allow the municipality and MPAC to quickly rectify assessment classification changes, and prior year's errors quickly without the property owner having to go through the formal assessment review process. Attachments: 1. Section 357/358 Adjustment to Taxes - Taxable Prepared By: Approved / Endorsed By: D nn DeLong Stan Karwowski o a e g Supervisor, Taxation (Acting) Divisi• I-ad, Finance & Treasurer Paul Bigioni Director, Corpor.•- - ices & City Solicitor SK:dd Recommended for the consideration of Pickering Cit Council / Woo-. 24 2.0/4 Tony Prevedel, P.Eng. Chief Administrative Officer ATTACHMENT#_LTO REPORT# C5I 32 I Z • z , LL • H Q r r U) r N- r U) N N- r CO I,- N- N- r N- N- I) m CO N- N- UJ 0 C) u) C) U) C) C) In u) � N u) LO C) u) C) C) C) U) u) u) (11 LO 0 0. J co co co M co co CO CO C) CO M C) CO CO C) C) M CO C) CO C) C) CO ~ 0. Q ✓ 7 CO N 0 N CO N CO CO CO O O N CO O O u) u) O V CO CO NI- CO 7 u7 CO N O O CO I,- N O C I- O N O CO CO • O N- s- CO ., O O Ni N O C N N u N O C) C) O O O co O O O O 4 O Q N LO 1- O V O N- V V N. CO C) W O •- 0) CO O N u) O ,O I- O V u) O u) O CO O C) CO CO) CO C) O N 7 N co O O O N 7 O V N r O F O N N CO O CO O CO V .- N- N- u) N O O V u) I- Cr, .- O O O co CO Z LO CO C) N V O C) u) U) O) CO CO C) LO O O a) O I- 0) V N O O O C) Q1 N a O r V O O u) V C) O O O u) N u) C) C) C) F N co co 7 N O N- N- N N N CO N- O O C) R N r r N Q V O N C) co N.. N s- C) .- CO N r U) NI- L) ❑ W N r CO 0) R O (7) O c0 C) ,O u) u) O O ,- O V N O O O N- r r r O ,- N ,O V O N- O .- 7 O) N ,- c0 O ■- � u) r.-Z C O V u) O r-: N u) co O O u) O O) O O C) O co cc; co N N O N O cc) CO I-- CO O O V O 7 N- C r CO 3 u) N N N N O N N V u) N co co N u) O) C) ,- W Cs/ C) N O) O Ce N V CO N O O O CO I- O u) C) u) O u) C) CO '- CO CO O W ,- N- O) N ✓ CO V O) O O N- co N- O O O N .-• CO CO O CO O O O W u) u) �•, O V N O N C) O u) O C) O O C O co N .- u) .- u) O) N I- F � s- CD O 7 O d' V V r N O M r N r C) N O O U M N V O3 CO W Q N N N N N N N N N N N N .- N N O s- N N X FW O C) C) Cr (7 C) O O O O 0 O 0 O O O O -O 0 O O O O C N N C N N N N I N N N I N I N N N I N I N C N N C N N N N N N 0 I- CO 0 H Z z W N 11 r o a0 ) a0) Y cn N 0 0 U a aci m N E. 21 E E .o .0 u. • < c0) N N N 'O U CO 0 ca 0 0 in} ❑ ,- r' L L I- cO 0. � L C) L N N d U n cn E c 0 >` E w w E as a) C) Q N N 2 2 c j °u��j CD Z F c O W N '� r r r 0 co co 0 0 H 0 -O a_ w cc O. 0. C L L CC "O 0 0 W O 0 Cl) N V 0) N 0 0 0 0 O- 'O 0 cc O. O. -0 0 -o 'O a O N L L L L L L L L L L -O 0) L -O -O -O 'O L 0) 0) - L 4) 4) 4) 4) 4) N N N 4) N Cl) 41 4) D_ 0 0 0) 0) 0 4) 4) N N t 0 0 0 0 0 0 0 0 0 0 N O E N N N N O N N 2 L c 7 0 0 0 0 0 0 0 0 0 U N o aE c_a N U ` U N 0 a.ca0 cUa 0 O V ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ d 1. _ a d Q 0 A ›, 0 c T 'O 0 0 0 0 0 0 0 0 0 co U 7 N 0 0 0 0 .U "o D• co co co co co co co co co 2 5 c cn c) E E i 7 n '0 -0 U X X X I- as U U U @ z N Q 4) Q Q N W 0 d 0 d a 0) 2 • 3 g 3 2 g 3 cn = >. >. >. '= a) a 0 as 0 m m m p o `0 0 Q X 0 X 0 0 X to re O r6 U YO U U r6 LL z O c c c C c c c c c _0 c O C N N O o 0 0 0 0 0 0 0 0 0 0 U O 0 O U O 0 a _ -? a _ _ _ Q 0 O O O O O O O O O O_ w -O !� a d O. O m W a) E E E E E E E E E E c E E E E E 'E 'E CC L CD 0 0 0 0 0 0 a) 0 0 0 0 9 0 a) 0 Cl) 0 0 0 m 1) "O U -0 'O •O -O V -O -O X E O x x x ,, U E E ,'' -0 >.. >. a a a a a 0 p 0 a) a) 0 l0 ` -O a) -o -o -o -o v a v -o -o E 0 -o 0 E E E -o -o N m -a 0 co a) 0 0 0 0 a) 0 0 0 CO 0 a) 4) CO CO a) 0 0 N N 0 U) CO N N N N N N N N N 0 0 N CO 0 0 0 N N 0 0 N CO 0 0 CO CO 0 0 CO a) 0 a) 0 0 0 0 0 0 CO CO a) 0 U CC CC d' a' a' CC CC IX CC CO 0 a' U m CO CO K CC 0 0 Q' U # N N N N N N N O. N I C N I N C N N N N N N N C N N/ C s/ C N N Cl.• N U) r O O) N C) 7 u7 r O CO N CO u) O CO O CO CN CO.- .- ,- LO CO O O O O V V V CO O O O CO O O Citq 00 _ Report To 1' Executive Committee PICKERING Report Number: CST 33-12 Date: December 3, 2012 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2013 Temporary Borrowing By-law Recommendation: 1. That Report CST 33-12 from the Director, Corporate Services & City Solicitor be received; 2. That the temporary borrowing limit to meet 2013 current expenditures pending receipt of taxes and other revenues be established at $38,000,000 for the period January 1, 2013 to September 30, 2013 inclusive, and $19,000,000 thereafter until December 31, 2013; 3. That the temporary borrowing limit for capital purposes for 2013 be established at $47,000,000; 4. That the attached draft by-law providing for the temporary borrowing of monies, be enacted; and, 5. That the appropriate officials of the City of Pickering be authorized to take the necessary actions to give effect thereto. Executive Summary: Staff recommend that Council approve temporary 2013 borrowing limits as set out in the above recommendations. Council approval is required to undertake temporary borrowings, if necessary, for current operations and capital projects in order to meet the expenses of the City for 2013, until the taxes are collected and other revenues are received. Approval is always sought at the end of the City's fiscal (calendar) year in order to be prepared, in the event that loans are necessary, as we proceed into the New Year. Financial Implications: At this time, it is difficult to estimate the interest costs as it is uncertain how much temporary financing may be required and for how long. With internal borrowings being limited, the City must undertake external borrowing from the Regional Municipality of Durham (Region) in 2013 for approved capital expenditures. Report CST 33-12 December 3, 2012 Subject: 2013 Temporary Borrowing By-law Page 2 For current purposes, the $36 million limit for 2012 has been increased to $38 million for 2013 and the $18 million has been increased to $19 million. The limit for capital purposes for 2013 has been established at $47 million based on the draft (dated November 1, 2012) of the 2013 Capital Budget. This may have to be adjusted once the 2013 Capital Budget has been approved by Council. Discussion: The borrowing of funds for current and capital purposes may become necessary in the normal course of operations during 2013. Under Section 407 of the Municipal Act, 2001, as amended (the "Act"), Council may pass a by-law to provide for the temporary borrowing of funds to meet current operating expenditures pending receipt of taxes and other revenues of the City. Under the Act, the Corporation may also undertake temporary borrowings under individual project approvals, and for capital projects, pending permanent financing. Current Budget Financing The amount of such temporary borrowing outstanding at any one time is limited by the Act, unless otherwise approved by the Ontario Municipal Board, to 50% of the estimated annual revenues from January 1 to September 30 and to 25% thereafter. Until the current year's estimates are adopted, the limitation may be calculated upon the revenues set forth in the estimates adopted for the preceding year. Based upon the 2012 estimates of the Corporation, the allowable level of temporary borrowing outstanding under the Act is estimated at $38 million from January 1 to September 30 and $19 million thereafter. The requested $38 million should be sufficient to meet the current expenditures of the City until the levies for 2013 are received. It is hoped that this amount will provide a sufficient level of temporary borrowings taking into account the potential effects of taxation legislation and its impact on cash flows. Capital Budget Financing Borrowing for capital purposes under the Act can only be undertaken on projects approved by Council and will only be undertaken in the event that sufficient funds are not available at the time they are required. Recommendation 3 provides the authority for staff to obtain additional temporary interim financing (internal or external) for capital projects approved by Council. The $47 million capital borrowing limit should provide sufficient funds to cover the estimated 2013 capital expenditures. Report CST 33-12 December 3, 2012 Subject: 2013 Temporary Borrowing By-law Page 3 Attachment: 1. By-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2013 Prepared By: Approved / Endorsed By: Caryn ong, CGA Stan Karwowski, MBA, CMA Senior Financial Analyst- Capital & (Acting) Division Head, Finance & Treasurer Debt Management Paul Bigioni Director, Corpora - • - -s & City Solicitor Copy: Chief Administrative Officer Recommended for the consideration of Pickering City Council / l ,rD ^r a ?- 20, 2-042. Tony Prevedel, P.Eng. Chief Administrative Officer ATTACHMENT#_/,_TO REPORT# 33--t a The Corporation of the City of Pickering By-law No. Being a by-law to authorize the temporary borrowing of monies to meet the current and capital expenditures of the City of Pickering for the year 2013. Whereas Section 407(1) of the Municipal Act, 2001, provides that the Council of the City of Pickering may by by-law authorize the Mayor and Treasurer of the City to borrow from time to time by way of promissory note such sums as the Council may deem necessary to meet, until the taxes for the current year are collected and other revenues are received, the current expenditures of the City for the year, including the amounts required for principal and interest falling due within the year upon any debt of the City, and the sums required by law to be provided by the Council for any local board of the City; Whereas Section 407(2) limits the total of such borrowings to not exceed 50% of the estimated annual revenues from January 1, 2013 to September 30, 2013 and 25% thereafter; Whereas it is deemed necessary by the said Council to borrow the sum of thirty-eight million ($38,000,000) to meet, until the taxes for the current year are received, the current expenditures of the City for the year 2013, including the amounts and sums aforesaid; Whereas the said sum of thirty-eight million ($38,000,000) plus any similar borrowings that have not been repaid, is less than 50% of the total amount of the estimated revenues of the City from January 1 to September 30 as set forth in the estimates adopted by the Council for the year 2012 exclusive of revenues derivable from the sale of assets, borrowings or issues of debentures or from a surplus including arrears of levies, and nineteen million dollars ($19,000,000) is less than 25% of the estimated revenues thereafter; Whereas the Municipal Act, 2001, provides that if a municipality has by by-law approved an undertaking to be financed in whole or in part by incurring long-term debt, the Council may by by-law authorize temporary borrowing to meet expenditures made in connection with the undertaking; and, Whereas it is deemed necessary by the Council to borrow the sum of forty-seven million ($47,000,000) to meet the capital expenditures approved by Council. By-law No. Page 2 Now therefore the Council of the Corporation of the City of Pickering hereby enacts as follows: The Mayor and (Acting) Division Head, Finance & Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding thirty-eight million ($38,000,000) to meet, until the levies for the year 2013 are received, the current expenditures of the City for such year, including the amounts required for principal and interest falling due within the year upon any debt of the City for the period January 1, 2013 to September 30, 2013 inclusive and nineteen million dollars ($19,000,000) thereafter until December 31, 2013. 1. The Mayor and (Acting) Division Head, Finance & Treasurer of the City of Pickering are hereby authorized to borrow from time to time by way of promissory notes a sum or sums not exceeding forty-seven million ($47,000,000) to meet the capital expenditures as approved by Council, of the City including the amounts required for principal and interest. 3. Any promissory notes made under the authority of this by-law shall be sealed and signed in accordance with the provisions of the Municipal Act, 2001, and may be countersigned in writing by the Manager, Accounting Services of the Corporation in accordance with the provisions of the said Act. 4. This By-law shall come into effect on the first day of January, 2013. By-law passed this 10th day of December, 2012. David Ryan, Mayor Debbie Shields, City Clerk eitii -- Report To Executive Committee PICKERING Report Number: CST 34-12 Date: December 3, 2012 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: 2013 Interim Spending Authority Recommendation: 1. That Report CST 34-12 from the Director, Corporate Services & City Solicitor be received; 2. That the 2013 Interim Operating Expenditures be approved at 50% of the prior year's budget, including adjustments, as contained in Attachment 1, pending approval of the formal 2013 Current Budget by Council; and, 3. That the appropriate City of Pickering officials be authorized to take the necessary actions to give effect thereto. Executive Summary: Adoption of the interim current operating spending authority will provide funding authorization for the payment of salaries, overhead and such other accounts as may be necessary for the normal day-to-day operations of the City pending approval of the 2013 Current Budget. Financial Implications: Adoption of the interim current operating appropriations does not constitute approval of a formal budget but rather is required to provide funding authorization at the transitional stage. At the conclusion of the Budget process, all interim current operating appropriations are nullified and replaced with the appropriations as approved by Council. Discussion: Each year, pending approval by City Council of the annual Operating Budget, it is necessary to provide expenditure authority respecting the payment of accounts for the interim period from January 1 until the Budget is adopted by Council. Such authority is in the form of interim current operating appropriations to meet estimated expense requirements of the individual departments, agencies and boards. Staff are seeking approval to provide for interim spending authority for up to the first six months of 2013 or when Council approves the 2013 Budget, whichever occurs first. Report CST 34-12 December 3, 2012 Subject: 2013 Interim Spending Authority Page 2 The Roads cost centre has been adjusted to reflect greater than six months of the annual budget due to the seasonal nature of this cost centre, and past spending patterns. This has been reflected on Attachment 1. With the requirements of the Public Sector Accounting Board (PSAB) on tangible capital assets being effective since January 1, 2009, small capital items previously included under the Capital Budget have been gradually transferred to the Current Budget in the last three years. The 50% interim provision is sufficient to cover this change. Under the same PSAB requirements regarding tangible capital assets, library materials have been deemed capital and included in the Capital Budget starting from 2010. In the library business, the publishing cycle demands that materials be purchased while they are "in print". As a result, certain materials must be purchased in a timely manner, and it is essential for the Library to continue purchasing materials throughout the year. On this basis, greater than 50% of last's year library capital materials has been included in the interim appropriations and reflected in Attachment 1. A minor provision has been included for small capital expenditures from current funds. Specific capital projects proposed prior to the approval of the 2013 Capital Budget will require specific approval by Council. Attachment: 1. 2013 Interim Appropriations for Current Budget Operating Expenditures Prepared By: Approved / Endorsed By: Caryn Kong, CGA Stan Karwowski, MBA, CMA Senior Financial Analyst— Capital & (Acting) Division Head, Finance & Treasurer Debt Management 1 Paul Bigioni Director, Corporate e ces & City Solicitor Copy: Chief Administrative Officer Report CST 34-12 December 3, 2012 Subject: 2013 Interim Spending Authority Page 3 Recommended for the consideration of Pickering City C•uncil %// weir. 2°i Tony Prevedel, P.Eng. Chief Administrative Officer • ATTACHMENT# __TO REPORT#,C 3L(-IZ _ CITY OF PICKERING 2013 INTERIM CURRENT OPERATING APPROPRIATIONS 2012 Approved 2013(Jan. 1 -June 30) Budget Interim Appropriation Mayor Ryan $ 144,737 $ 72,369 J. O'Connell, Reg. Coun.-Ward 1 80,781 40,391 B. Mclean, Reg. Coun.-Ward 2 77,980 38,990 P. Rodrigues, Reg. Coun Ward 3 83,731 41,866 K.Ashe, City Coun.-Ward 1 81,531 40,766 D. Dickerson, City Coun.Ward 2 84,399 42,200 D. Pickles, City Coun.-Ward 3 81,931 40,966 Council Support 359,943 179,972 2121 Office of C.A.O. 495,658 247,829 2129 Customer Care Centre 432,549 216,275- 2139 Human Resources 643,734 321,867 2141 Health&Safety 132,396 66,198 2125 Legal& Legislative Services 508,686 254,343 2122 Clerks Office 484,065 242,033 2191 Records Management& Election: 101,401 50,701 2199 Print Shop/Mail Room 406,072 203,036 2220 By-law 802,591 . 401,296 2293 Animal Services 409,611 204,806 2240 Fire Protection 14,577,151 7,288,576 2241 Emerg. Operations-Claremont 150,733 75,367 2192 Office Of Sustainability 978,671 489,336 2127 Finance(Accting,Taxes& Payrol 3,021,420 1,510,710 2133 Supply&Services 370,090 185,045 2196 Information Technology 1,561,102 780,551 2710 Community Services-Admin. 285,564 142,782 2290 Engineering Services-Admin. 2,289,950 1,144,975 2230 Crossing Guards 377,492 188,746 2430 Environmental Services 140,931 70,466 2711 Cult. & Rec.Admin. 1,585,295 792,648 2124 Civic Complex 545,209 272,605 2572 Senior Citizens Centre 359,799 179,900 2712 Programs 2,413,308 1,206,654 2713 Dunbarton Pool 355,100 177,550 2715 Don Beer Arena 1,108,608 554,304 2719 Community Centres 678,977 339,489 2731 Recreation Complex-Central Co 2,769,083 1,384,542 2733 Recreation Complex-Pool 941,625 470,813 2735 Recreation Complex-Arenas 896,056 448,028 2744 Museum 614,378 307,189 2500 Operations Admin 611,078 305,539 2132 Property Maintenance 764,500 382,250 2315 Operations Centre-Municipal Gar 954,371 477,186 2320 Roads 6,160,597 3,696,358 2323 Sidewalks 414,767 207,384 2325 Street Lights 1,037,893 518,947 2718 Parks 3,713,776 1,856,888 2610 Plan& Develop-Admin 863,135 431,568 2611 Planning 2,499,302 1,249,651 2612 Building Services 1,115,899 557,950 2613 Development Control 738,458 369,229 2630 Committee of Adjustment 9,783 4,892 2743 Heritage Pickering 97,704 48,852 2745 Libraries 4,937,436 2,468,718 Various-Gen Government 11,295,199 4,785,305 Capital-Library Materials 462,350 277,410 Capital-Equipment& Furniture 200,000 Total $ 77,108,586 $ 38,554,293 Cat/00 Report to Executive Committee PICKERING Report Number: CAO 23-12 Date: December 3, 2012 From: Paul Bigioni Director, Corporate Services & City Solicitor Subject: Administrative Amendments to Taxicab Licensing By-law 6702/06 - File: L-2000-001-12 Recommendation: 1. That Report CAO 23-12 regarding administrative and fee amendments to Taxicab Licensing By-law 6702/06 be received; 2. That the proposed amendments in the draft by-law attached be enacted. Executive Summary: Since enacting Taxicab Licensing By-law 6702/06, staff have identified minor issues in processes outlined in the by-law, wording clarifications, fees which do not reflect City administrative costs, and deficiencies relating to enforcement provisions. This amendment to the Taxicab Licensing By-law 6702/06 contains the housekeeping amendments necessary to address those issues. A full review of the Taxicab Licensing By-law 6702/06 will take place in 2013 in full consultation with the Taxicab Advisory Committee to review the more industry specific concerns, such as fares, vehicle model years, and defining and enhancing the role of the Taxicab Advisory Committee. Financial Implications: The reduction in registered mail notification requirements for plate eligibility renewals, from two registered mail notices to one, will save the City approximately $19,000.00 annually, based on the number of applicants currently on the Taxicab Plate Eligibility List. Discussion: As the existing Taxicab Licensing By-law 6702/06 was enacted six years ago, a number of minor revisions have been identified to provide • clarification, address enforcement issues, and better reflect administrative processes. The amendments in the attached by-law have been categorized into minor wording changes, enhanced enforcement provisions, and administrative processes and associated fees. Minor wording changes include definition changes, technical wording to clarify meaning, and deletions based on current practices. Report CAO 23-12 December 3, 2012 Subject: Administrative Amendments to Taxicab Licensing By-law 6702/06 Page 2 Amendments relating to administrative processes and fees clarify the practices currently in place and change processes which have been identified as unnecessary or too costly. The annual renewal process for Taxicab Plate Eligibility applicants is an example. The current Plate Eligibility List renewal process requires that an initial renewal notice be sent by registered mail, then, should the renewal not be submitted, a second notice advising of removal from the list must also to be sent by registered mail. This process is being amended to provide that initial renewal information be sent by regular mail, with the follow-up notice sent by registered mail if the renewal is not submitted as required. Due to the unexpected influx of plate eligibility applicants in 2012, if the by-law is not amended, registered mail costs could total almost $40,000.00. Reducing the use of registered mail notification will save the City approximately $19,000.00 annually. As the application fee for the plate eligibility list is currently only $20.00, the cost for the registered mailings per applicant, is almost equal to the application fee. The plate eligibility list now has over 2,100 applicants on it. The associated administration and staff time was substantial. Staff therefore recommend that the plate eligibility list fee be increased to $75.00 per applicant per year. Amendments regarding enforcement are new provisions created to aid officers enforcing the by-law, or implement regulations which relate to existing standards. A table has been prepared, as Attachment 2, showing the individual by-law amendments, the section being amended in the existing Taxicab Licensing By-law, the applicable category as described above, and an explanation of the change. Attachments: • 1. Draft Amending By-law 2. Table of amendments with explanations 3. Current Taxicab Licensing By-law 6702/06 Prepared By: Approv::d/En• •rsed By: • Kimberly Thompson, CMM Ill, CPSO Paul Bigion. Manager, By-law Enforcement Services Director, C i rpo ate S-rvices & City Solicitor Recommended for the consideration of Pickering City ncil Z.2. , 2.012. Tony Prevedel, P.Eng. Chief Administrative Officer CORP0227-07/01 revised • ATTACHMENT#. L_ TO REPORT# 0 Pro a 3—I aa-- (p The Corporation of the City of Pickering By-law No. Being a by-law to amend By-law No.6702/06 Whereas By-law No. 6702/06 provides for the licensing, regulation and governing of taxicab businesses within the City of Pickering; and Whereas the City wishes to amend By-law No. 6702/06. Now therefore the Council of The Corporation of the City of Pickering hereby enacts as follows: 1. By-law No. 6702/06 shall be amended as set out in sections 2 through 41 of this by-law. 2. The following definitions in Section 1 are repealed and the following substituted: "CIR" means a Criminal Information Report containing the results of a search of the Canadian Police Information Centre that includes a list of all criminal convictions for which a pardon has not been received, and all outstanding criminal charges; "fender numbers" means permanent lettering representing the taxicab plate number and prefaced by the letter "P", of at least 15 cm in height, in a contrasting colour to the vehicle and affixed on both front fenders in a font style and location approved by the City; "licensing officer" is deleted and replaced with "officer" "officer" means a municipal law enforcement officer employed by the City, or a police officer pursuant to subsection 42(1)(h) of the Police Services Act. 3. Added to the definitions in Section 1; "City Clerk" means the Clerk of the City or a designate; 4. The following sections shall be amended to re place the word "licensing officer" with "City Clerk": sections 16, 17, 18, 99, 5. Subsection (g) is added to Section 17, as follows: "the applicant has failed to pay fines imposed for previous convictions relating to contraventions of any municipal taxicab regulatory by-laws. • ATTACHMENT# / TO REPORT# Cook-0 e3 3 By-Law No. .of Page 2 6. Section 21 (2) (a) and (b) shall be deleted. 7. Subsection (r) is added to section 24, Driver Duties, as follows: "carry on his person a valid Ontario Driver's License, a certificate of insurance and a copy of the vehicle ownership and provide to an officer upon request". 8. Section 30 is repealed and the following substituted: "No driver shall operate a taxicab without a valid taxicab plate affixed to the rear of the vehicle and a taxicab.plate licence for the vehicle". 9. Section 34 is repealed and the following substituted: "No driver shall operate a taxicab unless the current tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat". 10. Section 40 is repealed and the following substituted: "When a driver uses a taxicab for transportation of passengers for no gain or reward, personal use, or the taxicab is being tested or inspected, the driver shall remove the roof light from the taxicab and place the taxicab meter in a non-recording position, and log off from the global positioning dispatch system." 11. Section 46, subsection (d) is replaced with: "repair any mechanical defects in the taxicab reported to them by a driver or the City within 3 business days, or remove the vehicle from service;". 12. Section 69 (1) is repealed and replaced with: "Where the executor or administrator cannot transfer the deceased's plates within one (1) year following the date of death, the executor or administrator may apply to the City Clerk and the City Clerk may, having regard to the matters set out in section 150, permit the executor or administrator to continue to operate the taxicab or permit the taxicab to be operated with the deceased's plates attached for such further period of time as the City Clerk deems appropriate. 13. Section 69 (2) is repealed and replaced with: "If the executor or administrator does not or cannot transfer the deceased's plates within one (1) year following the date of death, or within such further period of time as prescribed by the City Clerk pursuant to subsection (1), whichever is later, the deceased's plates shall be deemed to be cancelled and shall be returned to the City." 14. Section 69 (3) is added as follows: "Plate owner transfer fees will be waived to amend the City's taxicab plate owner records to reflect the name of the person legally entitled to inherit ownership of the plate." 15. Section 70 (1) is repealed and the following substituted: "No taxicab plate owner shall permit his/her/its taxicab plate to be affixed to a vehicle that he/she/it does not own except under the authority of a lease that meets the requirements of this • ATTACHMENT#-- -_TO REPORT# C By-Law No. .oft _ '� a3-/a Page 3 section." 16. Section 78 (1) is repealed and the following substituted: No applicant for a City plate licence shall have his name placed or maintained on the plate eligibility list unless, for an average of at least thirty-five (35) hours per week during at least forty-four (44) weeks per year during the twenty-four (24) months immediately preceding the date of application, the applicant has, (a) held a taxicab driver's licence or a similar licence issued by another municipality; (b) held a taxicab plate licence or a similar licence issued by another municipality; (c) held a brokerage licence or a similar licence issued by another municipality; or (d) been employed by a broker in the City or any other Ontario municipality. 17. Section 78 (2) shall be deleted. 18. Section 78 (4) shall be repealed and the following substituted: 'When a person whose name appears on the plate eligibility list changes his name, address or contact information, he shall notify the City in writing within five (5) days of the change." 19. Section 78 (6) shall be repealed and the following substituted: "The City shall review the plate eligibility list annually to determine whether those persons listed on it continue to comply with the requirements of subsection (1). 20. Section 78 (7) (a) is repealed and the following substituted: "Every person whose name appears on the plate eligibility list shall be required to renew their application annually, within the timeframe and in the form specified by the City Clerk, and together with the applicable fee as set out in Schedule (1)". 21. Section 78 (8) is repealed and the following substituted: "Any person whose name is on the plate eligibility list and who no longer complies with subsection (1) shall have his name removed from the plate eligibility list. 22. Section 80 is deleted. 23. Section 82 is repealed and the following substituted: "In addition to the requirements of Part III and Part V, prior to the issuance of an accessible taxicab plate licence, the applicant shall provide the City with a current Commercial Vehicle Operator's Report (CVOR) and a Safety Standard Certificate issued by By-Law No. ATTACHMENT# / TO REPORT#taok0 3-1°1page 4 �.of. an authorized vehicle inspection station showing that the vehicle to which the accessible taxicab plate will be attached meets the requirements for an accessible taxicab as set out in Ontario Regulation 629." 24. Section 84 is repealed and the following substituted: "No person shall operate a vehicle as an accessible taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate licence for the vehicle." 25. Section 85 is repealed and the following substituted: "No person shall permit a vehicle to be operated as an accessible taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate licence for the vehicle." 26. Section 96, subsections (3) and (4) shall be deleted. 27. Section 97, subsection (e) is repealed and the following substituted: "a Global Positioning System incorporated with an emergency alert system that is monitored at all times while the taxicab is in operation, or another acceptable device approved by the City." 28. Subsection (j) is added to Section 97, as follows: "a roof light in operable condition and properly maintained." 29. Section 98 is repealed and deleted. 30. Section 100 is repealed and the following substituted: "Every taxicab shall meet the standards for: (i) the issuance of a Safety Standard Certificate of mechanical fitness and, (ii) a "pass" rating under the Ontario Drive Clean Program." 31. The following sections shall be amended to replace the word "licensing officer" with "officer": section 106, subsections (j), (n), section 110, 111, 112, 114 (1) and (2), 115, 116, 121, 122, 124, 126,127, 128, 130, and 131. 32. Section 106 (o) is repealed and the following substituted: "within 48 hours of a request from an officer, provide a record showing the number of taxicabs available for service on any particular day, the time(s) when each taxicab was available for service, and the calls dispatched to each taxicab; 33. Subsection (r) is added to Section 106 as follows: "provide training regarding brokerage emergency notification practices to all drivers and retain records detailing the name of the driver, the date training occurred and the signature of the driver". 34. Subsection (h) is added to Section 107 as follows: "dispatch to a taxicab that has been ordered removed from service, until authorized by the City." 35. Section 109 is repealed and the following substituted: "The City shall inspect all taxicabs annually". By-Law No. ATTACHMENT# / TO REPORT# CAD a 3-1a Page 5 .of. 36. Subsection (2) is added to Section 115 as follows: "Any person operating a taxicab shall provide identification in the form of an Ontario Driver's License to an officer upon request." 37. Section 117 (d) shall be deleted. 38. Section 119 (1) shall be repealed and the following substituted: "If an order is not complied with by the date specified in the order, the taxicab plate licence in respect of that taxicab may be suspended as of 12:00 a.m. on that date, and shall only be reinstated if the City receives satisfactory evidence of compliance." 39. Section 135 is repealed and replaced with the following: "Applicants may appeal the City Clerk's refusal to issue a licence." 40. Section 139 is repealed and deleted. 41. Schedule 1 is amended as attached. 42. By-law passed this 10th day of December , 2012. • David Ryan, Mayor Debbie Shields, City Clerk ATTACHMENT# / TO REPORT# C a _ (47 .of. 1 °Z SCHEDULE 1 LICENCE FEES (a) Plate owner licence (one year) $ 250.00 (b) Brokerage licence (one year) 150.00 (c) Taxicab driver's licence (two years) 100.00 (d) Clean air cab plate licence (one year) 1,000.00 (e) Plate owner licence —vehicle that meets the requirements of a clean air cab (one year) 125.00 (f) City plate licence (one year) 2,000.00 OTHER FEES (g) Transfer of plate owner's plate $ 500.00 (h) Filing an appeal 75.00 (i) Replacement of taxicab driver's licence 20.00 (j) Replacement of taxicab plates 100.00 (k) Replacement of each tariff card/Passenger Rights & Responsibilities 10.00 (I) Change of registered vehicle 100.00 (m) Re-inspection without taxicab meter 20.00 (n) Re-inspection with taxicab meter 35.00 (o) Lease filing 50.00 (p) Late Cancellation/No Show for Inspection 50.00 (q) Plate eligibility list application (every year) 75.00 ATTACHMENT# a TO REPORT# CA-0 o9 3- (o.. j .of. 7 > co CO a) N N C_ rn Co a) ° a) .53 co c -� 6L- 0) CD ° a) >, aS o C u) U) a) o CO o ca U a) � c C c 9— E O ti -c) co Cl)` cc - E � n co a) CO _, U rn _N O .0 a) o C ° C co co .cc > a) a) uiia O _Q i- O_ Dr) 0 ca rn as > a) a) COa_•-•-z.- - C = N —° U o ca o f c a� ° � 1° o °' N `o U U CO -a > N "C) C a) N ` = co O = - N o a) Occ o - u) � .n c -0c > X ° E CD C Oca — 0u°i0XXa 0600 o cameo 0 CO N _ 0 �, O C Cl) 4-' C 4-- U Q C ' ca 0 LUa) 3 Q. ° u) �a tom � � o a) C Q. a) O U m O U `� co V .V o o ca Q- '' N O a) co U U O C — C U _a a) O Cl) o u) C C fa ° = cA > >, L co >> a) = >03 E a ca a) _- V C V = now .(1) C c ° ° ,� ° a) > a) Q' C 4- ca -0 CO C a) O CO a) a) U) o E O C.) w ; SEC CO CO C O ' I- - a) 4E. .L- co 2_ E J O O a) N O co u) oZ5 •- i >'c - °- O'7 "O N _O Q c O a) "O a) ° C 0) O Cu a) c CT a) L CU o u) < .0 co a) "c "a 4,-,,, O C .c. a) N _0 Q,E N 'a O 0 O Q E' V CO C C ti C >+.. CO L - O a) a) O > .X - "O - C1 p u) -p c o O a) a) '(a ,X fa •U �L.♦. ._a C t ca co = a) ° co 4- _ CO _° .- "-' > r_ ._, c) C X a) (a > 4., N N > L a) 0 ■C C _ "6 O a) CO .— > 03 LO C N o O -p C d V 4=- .- C a) > c " o -p N s_ ca E a) +• o a) O co u) -c ft2 O L � a) L C2 c) a) C 'O Cl) CO U O 0 a) () � V 0 a) _V U) •C C "a a) C 0 a) �C - -C O E _0 N o 0 a) ca t .` ° = >+ Z cn a) C a).° t c C 7 L f`a ) V . O L E O E a) .c O fn -Q CO C ` ... d cn co o u' U � m o " � as -E2 +" CO Ee o E a) - .a) v V 'c5 5 ,c C •c)- 5 � -tC v N c°n coz 0 -5 V — E . _ ._ •c N w - 0 V CL c°) -C Q as t Cl) .0 Cn c CO 2 ¢ Q a) 0) C C 0) C 0) 0) ID> C C 0 0 C co c c co o > 00 C CU a) ct N > > - U > N C ` C ' Ca C CO)o O E E 4O O E ° O C C_ C V V `C C C C a T __T∎ 505 a) N� a) " a) O cam aa) � 0 _ Z ''ot a) NZC co H C e- - %-• a N r I v) C Tr •V CO 0 C r N o5 L() CO N- (X) a) O E m CCD CD c1) N- < r ATTACHMENT# c TO REPORT# C'-o a 3 - l c .of. L a) a) a) a) • cn _o -0 .>. _ ' C O ,• �N co C 0 c C a) '� _co a)CT 4- co X O O co C co > '5. as ca "O a) co a N C a) z co i- ca 0 ca a> L- -4c, O C - U ' o ca w- U O ` >. '+ _ }, _ '73 ii) 0 U a) E co C 0 CDC NN O. l- a) -0 -- • C J• o E a) ._U _ c) c C -o >. 'a O E o • = = = co L = co a 76 aS ° Cl) C as v cn - S a3 fn C C " Q' C+ ° O f2•Ea o CO ) L_ .:12 -c-/-) °- -0 cu 43 C a) C La ow a) L .0 U U as Cl) C C _0 U CL lf) a) 0) a) '8)• CD Q - co co N t o a) fa 0 E E _ _ ca °' -° a) Y C ` C to C -O ca -0 W N c E c C) > O ca a) X Ut C -c c a) -5.-. o co o Cl) c Z'0_c o a o o .X ._ a) U a) ru a) U ca c n To a) a) V co 3 E vi E ca co :.E -0 p. Q ° t -0 a) O _c t a) F— a) ca a) fad o>...,0 a) O U O c .0 O N a) o)L U L f6 �_ 1_1,30 a a) +, N C Y ` O O '>+'> C C C 0 (o > co L - V ° 4- a) O i a) C a) U 4-' U) Q .0 •C ~ f6 a) a) _Q' O co cn+_• a) C a) Q. fa ,- fa C C _ X D a) ` Q co +, o o -O as )) 3 JP ..E U a) o C.) o a) .0 O U fa _cal X o O C O L N c U (o ° fa " m a) a) a) - C) fa C > U /> eUoo ° c3 cI— NCE ,.00 L —° c �- ' o cp x U N C "' 3 C ~ c ° E ° fo +, Cr) 'C m a) Q w o nLi o CD -0 •° 2 E E m E c� cU ° U 0 0 U co L E c > O C°) •N 'ca 0 cn co c_i c a>) c = °a)0" U - a) co .a O fa .c ° J E ° 4,71 c co O x '� N cC6 ca co _c � ac � E °'o � = " c 'v� ooa) nC c irn � ., a) ' 'a U a) 42 O —:t._ Ca" C 6 C C "- a) N O tin, O >+.0 lb- - C N L O N c`�o a) p corn C .—cn f7) E .N c o 0 c ca ccnco— 0aEUU 2U > c � 2 .0) cno O oO a) ° ca T. cal > c n .�� a)) .2 c a) >' a) Q. c 5 m v � c CO) c Q. E s o ° U • C CO = al � �, � � -o o csCO Ua cn C o a) .«, o a) ca o ca c 03 cr = C = a) c N • ca ca c c U U . o ._o � NCa) oo � p �� o �rc'� a) .� � °) > � Ec—n �n � aiQ- cn a) p ,E "o ca C ca C C - p N = ° N U N s- U) j a) c .) O a) ca u) U ..... U E .c a) O cn 2 cn . 40 O U a) a) 5 NCC/ CU cUo = n � a) 0 U o -8 —145 a) -0 o U � aa) a) - o °--C.— U a) O u) u) .c < F— F— .SF- 0 o < . < c)< v) 2Q _< a ._ > a) a) Cr) C) a) C) a) f7) a) a) co co 0) > C > > C C > C > C > c C C C = -0 = la a a) ° b o o .� O : 0 0 0 O o E � � a) U U Ca E E c_ °C E c E c E °c c c °C E C E Q Q .. < � < 2 < 2 22 < • Q la * ox ^ Oa U CU C(o ° vN M a) �..N� �� 0�0 � N LO j;"-C. ` e CO •X U CO Z p CO OD `-� CO C° CO CO CO N. I� Z CT) F03 m 05 CO I` ti ti 03 I` CO co C) co 4# C r f6 0 7 ' - C fb CO C7 %- N M V' CO CO I,- 0;) C) C % , N N CV N N N N N N N a) >+ U < m � � CO ATTACHMENT# OZ TO REPORT# Cfco (9- -3-1 3 .of. 44-- U_ co L a) Q C ' C > L O •C' C C o 0 .cc • ' a) a) c�//)) o CO 0C a) E a) ca N C f+a L CO C .0 ' .N a) a) O N 0 E- ` CO N CO U f� _ c O O N L CO U O L c 0 _c O O• i U) O a) Q Q = (D � > �a � v7)) a) 'i= L C Z 0 O U •0 CO V L CD 0) U '- CO � O _CD U Cl) CO t UU UxL ° c0Eccoo a) . o_ U N = a)U O O N O V N v t CO N a_ C O C C u) a a O. a) fa 4-, Y a - O N N > f1 Y Q C CO O CO O N O '+r ' C co O +. Q. ,_ .O O •. a) -a > a O a) O ">,(7..) E CO CO a) D) ,�`- .0 > O O f2 " +• C C U O N 'V cn O C 0 cr N " fa O O _ U X - O a) N O a) `) O O - W 0 E CT 70 O O O co C f - 0 .-, _ 0 N > O L- U a) E '''' O — - CO ` O O O c 0 5 .- N O C fa ` f2 a) Q- O a) N a) U R3 a) N E U O O O O N •U O N ca ' cU- 4) CO O L L O N ` E ` L' C i ATTACHMENT# 02 TO REPORT#Can c2 3— /d2 1f- .of. if U "O a) a) O 0) 0) N N N c _ 0 O c 4 N c O U 0 as O c c E: O ' O N O O O L O 1E r C .a 7 — O V Cu p Cl) 0 aa) _ca) N 11-_--- > -p 4- O Q O U) N J O O a. co (a a) a) O `) `- _c = N a) > c 0 Q O .- U 0) E O N •� a. .1a,°—) O O c 0 O co a) 1 >_ U C V OO a- a) ca • — U _0 _E. _ cam jct 45 cn O c cow Cl- 'E • o > v) _c a) = 0 a: -o co .c o n _CO2 co 7, co c a)-0 co E.= 4-' U c — ' c > V .0 V CO 1 •ca 0. � p X W • O CO o u t co 4.-."O N 1- O o CO c c cam/) ,t Q N >+ a O co O O (o O U Q O c a) - Co Q- O O a-L.. (n *3 O � L O � Cl) L_ CO 0 a) Cl) --4_, O N t CO c O U O` a v O O co O a) 4- O.` U ` ` nT'a O O 0 00 co a co c O a) . O j O N om, Q 4O.• U 4-- O (ph- a) > I) a) O O a) EF} O O2 L L ) t Ln t CD 0 1 0) rn a) •C_ al 0 E V Q *k O ccu3c = U CO 0 V Cl) ' m O U 0) I C c .L, ca O � • O >. U < m CO ATTACHMENT# J TO REPORT# Ci O a3/c — .of. 3 �- THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. 6702/06 Being a by-law to license, regulate and govern taxicab businesses within the City of Pickering WHEREAS section 150 of the Municipal Act, 2001 provides that a local municipality may license, regulate and govern any business wholly or partly carried on within the municipality; AND WHEREAS the City of Pickering wishes to license, regulate and govern taxicab businesses within the City. NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the City - of Pickering enacts as follows: PART I– INTERPRETATION Definitions 1 In this by-law, "accessible taxicab" has the same meaning as in section 1 of Ontario Regulation 629; "accessible taxicab plate license" means a license issued by the City to permit the operation of a specific vehicle as an accessible taxicab; "accessible taxicab plate licensee" means a person to whom an accessible taxicab plate license has been issued; "affiliated" means under contract to provide dispatch services and "affiliation" has a corresponding meaning; "applicant" means a person applying for a license or a renewal of a license and "application" has a corresponding meaning; "authorized vehicle inspection station" means a place designated by the City to conduct vehicle safety inspections; "broker" means any person who carries on the business of accepting orders for, or dispatching in any manner to, two or more licensed taxicabs and "brokerage" has a corresponding meaning; ATTACHMENT# 3 TO REPORT# C,7O c9 3 —( .of. 3-4-- By-law No. 6702/06 Page 2 "brokerage license" means a license issued by the City to permit the operation of a brokerage; "CIR" means a Criminal Information Report containing the results of a search of the Canadian Police Information Centre that includes a list of all criminal convictions for which a pardon has not been received, all outstanding criminal charges, and the results of a vulnerable sector search; "City" means the geographical area of the City of Pickering or the Corporation of the City of Pickering, as the context requires; "City plate license" means a license issued by the City to permit the operation of a specific vehicle as a taxicab; "City plate licensee" means a person to whom a City plate license has been issued; "clean air cab" means a taxicab that meets specific clean air criteria established by Council; "clean air cab plate license" means a license issued by the City to permit the operation of a clean air cab; "clean air cab plate licensee" means a person to whom a clean air cab plate license has been issued; "Council" means the Council of the City; "dispatch" means to communicate orders or other information in any manner between a broker and a driver; "dispatcher" means a person who is in the employ of, or working under a contract with, a broker and whose duties include accepting orders and/or dispatching those orders to drivers; "driver" means a person licensed to operate a taxicab; "driver's abstract" means a Driver Record Search issued by the Ministry of Transportation; "dues" means any amount charged by a broker to a plate owner or a lessee to receive orders from the broker; "fare" means the total amount charged to a person for a trip in accordance with Schedule 2; • "fender numbers" means permanent lettering representing the taxicab plate licensee's taxicab plate number of at least 15 cm in height, affixed on both front fenders in a location approved by the City; ATTACHMENT#' TO REPORT# c=,2 .of. ,j � By-law No..6702!06 Page 3 "industry participants" means plate owners, drivers, taxicab plate licensees, lessees and brokers; "issued" means issued or renewed by the City under this by-law and. "issuance" has a corresponding meaning; "lease" means an agreement between a plate owner and a driver under which the plate owner authorizes the driver to use one or more owner plates for a fee; "lessee" means a driver who has entered into a lease; "license" means a taxicab driver's licence, taxicab plate license and/or brokerage license as-the context requires; "licensed" means licensed under this by-law; "licensing officer" means a municipal law enforcement officer appointed by Council to administer and enforce this by-law; "limousine" means a vehicle that is kept or used for hire for the conveyance of persons solely on an hourly, daily or weekly basis, with a minimum fee or charge of not less than twenty-five dollars for a single conveyance, that does not contain a taxicab meter, roof light or two—way radio (or similar device); "maintenance log" means a log containing information relating to the repair of a taxicab including the vehicle information number of the taxicab, taxicab plate number, make, model and model year of the taxicab, the nature of the repair, the date of the repair, the name of the person performing the repair, and confirmation that the plate owner was notified of the repair; "mechanical defect" means damage to, or failure of a part, component or feature of, a vehicle; "model year" means the year of the vehicle noted on the Ontario Motor Vehicle Registration for the vehicle; "operate", when used in reference to a taxicab, includes driving the taxicab and making it available to the public in service as a taxicab and "operation" has a corresponding meaning; "order", except where the term is used in Parts XII and XIV, means a request for taxicab service received by a broker or a driver; "passenger" means any person other than the driver seated in a taxicab and includes any person engaging or attempting to engage the services of a taxicab; "person" means an individual, association, firm, partnership, corporation, trust, organization, trustee, or agent, and the heirs, executors or legal representatives • of the person to whom the context can apply according to law; • ATTACHMENT# TO REPORT# ° a 3/ By-law No. 6702/06 ,o{_ 3�— .Page 4 • "physically disabled person" has the same meaning as in section 1 of Ontario Regulation 629; "plate eligibility list" means the list of applicants for a. City plate license maintained by the City; "plate owner" means a person who is the owner of a taxicab plate according to City records; "plate owner license" means a license issued by the City to a plate owner to permit the operation of a specific vehicle as a taxicab; • "plate owner licensee" means a person to whom a plate owner license has been issued; "registered owner" means the owner of a vehicle according to the records maintained by the Registrar of Motor Vehicles for the Province of Ontario; "roof light" means an electronically illuminated roof sign that is securely attached to the top of the taxicab in a manner approved by the City that works in conjunction with the taxicab meter so that it is not illuminated when the meter is engaged and is illuminated when the head lights are on and the meter is in a vacant status; "tariff card" means a card issued by the City that shows the current fares as set out in Schedule 2; "taxicab" means any vehicle used for hire in the conveyance of persons from a place within the City to any point inside or outside of the City, but does not include a bus operated by Durham Region Transit or under license under the Public Vehicles Act, an ambulance, a funeral hearse, a limousine or a, vehicle described in subsection 155(2) of the Municipal Act, 2001; "Taxicab Advisory Committee" means the committee of Council appointed to hear appeals under this by-law and make recommendations to Council regarding the regulation of the taxicab industry; "taxicab driver's license" means a license issued by the City to permit an individual to operate a taxicab; "taxicab examination log" means a log containing a record of all mechanical defects and all interior or exterior damage observed and recorded at the beginning and end of each driver's shift; "taxicab meter" means a measuring device approved by the City and used in a taxicab to calculate a fare; "taxicab plate" means a metal plate bearing the taxicab plate number assigned by the City; ATTACHMENT# g TO REPORT# Cfc\-D a .of. 3 By-law No. 6702/06 Page 5 "taxicab plate license" means a plate owner license, City plate license, accessible taxicab plate license and/or a clean air cab plate license as the context requires; "taxicab plate licensee" means a person to whom a taxicab plate license has been issued; "trip" means the distance and time traveled or the distance and time to be traveled, measured from the time and point at which the passenger first enters the taxicab or when the taxicab meter is first engaged, to the time and point at which the passenger finally leaves the taxicab or the taxicab meter is • disengaged; "trip sheet" means a record of the details of all trips made by a taxicab during each period of continuous operation (each shift) containing, (a) the name of the driver, the date and the taxicab plate number; (b) the time, location and destination of every trip made; and (c) the amount of the fare collected for each trip; and "vehicle" includes an automobile or any other device for the transportation of persons or goods propelled or driven otherwise than by muscular power, but does not include the cars of electric or steam railways or other motor vehicles running only upon rails,' or a motorized snow vehicle, traction engine, farm tractor, self propelled implement of husbandry or road building machine within the meaning of the Highway Traffic Act. 2 The following Schedules are attached to and form part of this by-law: Schedule 1 - FEES Schedule 2 - TARIFFS/RATES Schedule 3 - TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES 3 Unless otherwise specified, references in this by-law to Parts, sections, subsections, clauses and Schedules are references to Parts, sections, subsections, clauses and Schedules in this by-law. 4 If a court of competent jurisdiction declares any section, or any part of any section, of this by-law to be invalid, or to be of no force or effect, it is the intention of the City that every other provision of this by-law be applied and enforced in accordance with its terms to the extent possible according to law. 5 References in this by-law to any statute or statutory provision include references to that statute or statutory provision as it may from time to time be amended, extended or re-enacted. 6 This by-law shall be read with all changes in gender or number as the context requires. ATTACHMENT# TO REPORT# CAD c9 (to .of. 3 By-law No. 6702/06 Page 6 PART II -PURPOSES 7 Council considers it necessary to license, regulate and govern industry participants for the following health and safety purposes: (a) to enhance and encourage safe maintenance and operational practices; (b) to ensure that only experienced, qualified and trustworthy industry participants are providing taxicab services; and (c) to promote accountability of industry participants for health and safety issues. 8 Council considers it necessary to license, regulate and govern industry participants for the following consumer protection purposes: (a) to enhance and encourage equal, fair and courteous treatment amongst industry participants and users of taxicab services; (b) to protect the property of passengers; (c) to ensure consistency in the application of fares; and (d) to promote accountability of industry participants for consumer protection. 9 Council considers it necessary to license, regulate and govern industry participants for the following nuisance control purposes: (a) to limit or mitigate unsightliness, unnecessary noise, nuisance or disruption for industry participants, users of taxicab services and the general public; and (b) to promote accountability of industry participants for nuisance control. PART III—APPLICATIONS Submission of Applications 10 Applications shall be completed and submitted on forms provided by the City.. 11 When submitting an application, every applicant shall appear in person before a licensing officer and shall provide all information requested by the City including current valid photo identification satisfactory to the City. 12 Every application shall be submitted with the applicable license fee specified in Schedule 1. 13 Receipt of an application and a license fee by the City shall not represent approval of the application nor shall it obligate the City to issue a license. ATTACHMENT# 3 TO REPORT# ('fib <93 - /a- -law No. 6702/06 £ — Page 7 14 If an applicant is a partnership, the applicant shall file with the application a statutory declaration signed by all members of the partnership stating, (a) the full name of every partner and their address of ordinary residence; (b) the name or names under which the partnership carries on or intends to carry on business; (c) that the persons named are the only partners of the partnership; and (d) the mailing address for the partnership. 15 Every corporation applying for a license shall file with the application a copy. of the corporation's articles of incorporation or other incorporating documents and a statutory declaration stating, (a) the full name of every shareholder and their address of ordinary residence; (b) the name or names under which the corporation carries on or intends to carry on business; (c) that the persons named are the only shareholders of the corporation; and r'~ (d) the mailing address for the corporation. Issuance of Licenses 16 A licensing officer may issue a license to an applicant only where all of the information and documents that the applicant is required to provide under this by- law have been provided and verified, and the license fee has been paid. Disqualifications 17 A licensing officer shall refuse to issue a license if, • (a) the applicant has been convicted of an offence, for which a pardon has not been granted, under Part V (Sexual Offences, Public Morals and Disorderly Conduct), Part VIII (Offences Against the Person and Reputation) or Part IX (Offences Against. Rights of Property) of the Criminal Code of Canada or for the offence of careless driving under the Highway Traffic Act; (b) the applicant has submitted false information in support of the application; (c) the issuance of the license would contravene any of the provisions of this by-law; • (d) the application is for a City plate license which, if issued, would exceed the maximum number of City plate licenses permitted under this by-law; ATTACHMENT# - TO REPORT# 0 0 (9 3— By-law No. 6702/06 �'Of. 3 Page 8 (e) the applicant fails to successfully complete any testing, training, educational or awareness program required by the City; or (f) the licensing officer has reasonable grounds to believe that the applicant will not operate in accordance with the law or with honesty and integrity. 18 The licensing officer may refuse to issue a license where the applicant has been convicted of a criminal offence other than those set out in clause 17(a) or an offence under the Controlled Drugs and Substances Act(Canada). 'PART IV—TAXICAB DRIVER'S LICENSES Obtaining a License 19 In addition to the requirements of Part III, every applicant for a taxicab driver's license shall submit to the City, (a) a certificate prepared by a duly qualified medical practitioner stating that the applicant is physically and mentally capable of performing the duties of a driver and is free from communicable diseases; (b) a current valid Class 'G' (minimum) driver's license issued by the Province of Ontario which is in good standing according to the records of the Ministry of Transportation; (c) a driver's abstract dated within 30 days of the date of application; (d) an original CIR dated within 30 days of the date of application; and (e) a letter of potential employment from the taxicab plate licensee or lessee for whom the applicant will be working as a driver. 20 Every applicant for a taxicab driver's license shall pose for an identification photograph to be attached to the taxicab driver's license. Testing and Training 21 (1) Every applicant for a taxicab driver's license shall successfully complete a taxicab driver training and testing program approved by the City, at the driver's expense, within a timeframe specified by the City. (2) The City may waive the requirement of subsection (1) if the applicant has successfully completed, (a) an approved training and testing program within five (5) years of the �,..., date of application; or • ATTACHMENT# 3 TO REPORT# CA-0 3 —I a By-law No. 6702/06 5 .of. Page 9 (b) an approved training and testing program more than 5 years prior to the date of application and completed a written test set by the City and received a mark of at least seventy-five percent (75%). 22 Where the City has concerns regarding a driver's conduct or performance as a result of a complaint or otherwise, the City may require such driver to appear before the Taxicab Advisory Committee and/or attend a testing and training program at the driver's expense. Term of License • 23 Every taxicab driver's license shall be valid for a period of two years from the date of issuance. Driver Duties 24 Every driver shall, (a) prior to and immediately upon completion of each shift, examine the taxicab for mechanical defects and interior and exterior damage, record the observations in the taxicab examination log, and report any mechanical defects or damage found to the taxicab plate licensee; (b) be civil, courteous, refrain from using profanity, and offer to assist any passenger when it is evident that the passenger is a disabled person or is in need of assistance; (c) give a passenger a receipt in a form approved by the City showing the driver's name, the taxicab plate number, the date and time of the trip, place of pick up, place of discharge and the fare charged when requested or whenever there is a dispute over the fare; (d) subject to section 25, and except when there is a previous order or engagement, serve the first person requiring the service of the taxicab at any place within the City, at any time of day or night, unless the person, (i) refuses to give their destination; (ii) is in the possession of an animal other than a medical aid animal; (iii) has not paid a previous fare; (iv) is, in the opinion of the driver, unable or unwilling to pay the fare and has been unable or unwilling to satisfy the driver that he has the funds to pay the fare; (v) is an individual covered in an amount of dirt or other material so excessive that if such individual is transported the interior of the taxicab would be left in an unclean state; ATTACHMENT# 3 TO REPORT# Oft c2/0 .of. 3 2 By-law No. 6702/06 Pape 10 (vi) is intoxicated or disorderly; (vii) is eating or drinking any food or beverage; (viii) is a person under the age of 12 years who is not accompanied by an adult, or has not had the trip arranged by an adult; (ix) refuses to wear a seat belt; or (x) is intending to smoke in the vehicle; (e) punctually keep all appointments and not make any appointments if a previous engagement would prevent the driver from fulfilling it; (f) take due care of all property delivered or entrusted to them for conveyance or safekeeping; (g) immediately upon the termination of any hiring engagement, examine the interior of the taxicab for any property left in the taxicab; (h) immediately return all property or money left in a taxicab to the person. owning the property or money, and, when the owner of the property or money cannot be found, deliver the property or money to the nearest police station; (i) take the most direct available route to the passenger's desired destination unless the passenger requests otherwise; (j) prepare trip sheets; (k) retain all trip sheets for at least three (3) months and make them available for inspection at the request of the City; (I) subject to paragraph (m), engage the taxicab meter only when the passenger enters the taxicab and keep it engaged throughout the trip; (m) be allowed to engage the taxicab meter before the passenger enters the taxicab only after the driver has notified the passenger of the arrival and has waited a reasonable time after the due time of the order; (n) at the conclusion of each trip, place the taxicab meter in the time off status and after payment place it in the vacant status; (o) keep in the taxicab a current street guide for the City and the surrounding vicinity; (p) turn off any radio, tape player or any other sound-producing mechanical device in the taxicab and turn down the volume on the two-way radio upon being requested to do so by any passenger, and having done so, leave ATTACHMENT# TO REPORT# C7- a It .of. 31- By-law No. 6702/06 Page 11 • such device in the off position or, if a two-way radio, turned down until termination of the trip with that passenger; and (q) securely fasten all physically disabled persons, wheelchairs and any other passenger aids, including batteries, so that they are prevented from moving while the taxicab is in motion. 25 When operating an accessible taxicab, every driver shall provide priority service to physically disabled persons at all times, regardless of prior requests for service from persons who are not physically disabled persons. • 26 . Every driver who has been convicted of an offence described in clause 17(a) shall, within_five (5) calendar days of being so convicted, report that fact to the City. 27 The City may, at any time, require a driver to provide a CIR, a driver's abstract, or a certificate prepared by a duly qualified medical practitioner attesting as to whether or not the driver is fit to operate a taxicab. Restrictions 28 No person shall operate a taxicab unless he has been issued a taxicab driver's license. 29 No person shall permit a vehicle to be operated as a taxicab by anyone other than a driver. 30 No driver shall operate a taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate license for the vehicle. - 31 No driver shall operate a taxicab unless it complies with all of the vehicle requirements set out in Part X. 32 No driver shall operate a taxicab with mechanical defects. 33 No driver shall display any sign, emblem, decal, ornament or advertisement on or in a taxicab except in accordance with this by-law. 34 No driver shall operate a taxicab unless the current tariff card, taxicab driver's license and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat. 35 No driver shall operate a taxicab with, (a) a greater number of passengers than is set out in the manufacturer's rating of seating capacity for such taxicab; or (b) luggage or any object placed in, hung on or attached to the taxicab in such a manner as will obstruct the driver's view of the highway. ATTACHMENT# -3 TO REPORT#C42) 3 — /a By-law No. 6702/06 kA`Of' 3 9 Page 12 , ' 36 No driver shall operate a taxicab for more than twelve (12) hours in any period of twenty-four (24) hours, or for any period which is more than five (5) consecutive hours at any time without a break of not less than twenty (20) consecutive minutes. 37 No driver shall operate a taxicab unless he is, (a) well-groomed; (b) neat and clean in personal appearance; and (c) dressed in pants (but not sweatpants or shorts) or skirt, shirt or blouse with a collar and shoes, all free from obvious wear or damage. 38 • (1) In this section, "written contract" means written contract for taxicab services between a taxicab plate licensee and another person for a period of six months or more, at an agreed rate or charge. (2) No driver shall recover or receive any rate or charge from any passenger or persons who made use of his services which is greater than the fare set out in Schedule 2, other than a tip, gratuity or credit card service charge or pursuant to a written contract. 39 No driver shall, (a) take or consume any intoxicants or take, consume or have in their possession any alcohol, or drugs prohibited by the Controlled Drugs and Substances Act(Canada)while they are operating a taxicab; (b) use any tariff card other than that obtained from the City; (c) take on any additional passengers after the taxicab has departed with one or more passengers from any one starting point except, (i) at the request of a passenger already in the taxicab; (ii) in an emergency situation; (iii) when operating a taxicab which is being used exclusively for the transportation of children to and from school; or (iv) when operating a taxicab which is being used pursuant to .a prearranged contract for transportation of physically disabled persons; (d) permit a passenger to stand in the taxicab while the taxicab is in motion; (e) induce any person to engage his taxicab by any misleading or deceiving statement or representation to that person; ATTACHMENT# TO REPORT#0,4\0 d2 3 — /3 .of. 3 By-law No. 6702/06 Page 13 (f) make any charge for time lost through mechanical defects or inefficiency of the taxicab or the errors of the driver; (g) make any charge for the time elapsed due to early arrival of the taxicab in response to a call for the taxicab to arrive at a fixed time; (h) use or permit to be used a two-way radio or monitoring device in the taxicab which enables the transmission and/or reception of any frequency of a broker with whom the driver is not affiliated; (i) use any radio system, cell phone or telephone system to speak to anyone other than a dispatcher while a passenger is in the taxicab; (j) speak in an obscene, foul, boisterous, racist, loud, threatening or abusive manner to any person, including a dispatcher, while operating a taxicab; (k) transport a child under the age of twelve years old in the front seat of the taxicab without first disengaging the front seat passenger air bag; (I) knowingly activate the emergency lights on a taxicab except where the driver believes that a threat exists of harm to any person or damage to, or loss of, any property; or (m) accept any order or request for service when the expenditure of money by the driver is required on behalf of the passenger. 40 When a driver uses a taxicab for transportation of passengers for no gain or reward or the taxicab is being tested or inspected, the driver shall remove the roof light from the taxicab and place the taxicab meter in a non-recording position. 41 If the destination of a trip extends beyond the City, the driver and the passenger may agree before the start of the trip to a flat rate, however, the taxicab meter must be in a recording position while the taxicab is within the limits of the City. PART V -TAXICAB PLATE LICENSES Obtaining a License 42 In addition to the requirements of Part III, every applicant for a taxicab plate license shall, (a) submit to the City a copy of the current Provincial permit for the vehicle to which the taxicab plate will be attached in good standing with the plate portion endorsed with a plate owner's or a lessee's name; (b) submit to the City a copy of the current Ontario Standard Automobile Insurance policy for the vehicle to which the taxicab plate will be attached, which policy shall provide that the City shall be given at least fifteen (15) ATTACHMENT# TO REPORT# 0,Ao 02 By-law No. 6702/06 Page 14 t^ days notice in writing prior to cancellation, expiration or change in the amount of the policy and shall provide insurance in respect of any one accident a third party liability limit of at least two million dollars ($2,000,000.00); (c) submit to the City a current Safety Standard Certificate issued by an authorized vehicle inspection station for the vehicle to which the taxicab plate will be attached; (d) pay all fines, penalties, judgments and any other amounts, including awards of legal costs and disbursements, owing to the City; and (e) submit to the City the vehicle to which the taxicab plate is to be attached for inspection and registration by the City. Term of License • 43 Every taxicab plate license shall be valid up to and including December 31st in the year for which it was issued. Taxicab Plate Licensee Duties 44 Every taxicab plate licensee shall file with the City at least five (5) working days prior to the expiry date of any current insurance policy all insurance renewal policies or certificates of insurance evidencing continued compliance with the requirements of clause 42(b). 45 (1) Every taxicab plate licensee shall maintain each taxicab in operation not less than thirty-five (35) hours per week for a period of not less than 44 weeks per year. (2) After receiving a written request, the Taxicab Advisory Committee shall make a recommendation to Council and Council may permit a taxicab to be operated less than 44 weeks per year. 46 Every taxicab plate licensee shall, (a) keep at all times in the taxicab for which the licence has been issued, a copy of, (i) the current Ontario Ministry of Transportation passenger motor vehicle permit issued for that taxicab; (ii) the current taxicab plate license;. (iii) the certificate of liability insurance for the taxicab; and (iv) a taxicab examination log recorded by all drivers of that taxicab within the immediately preceding three (3) months; ATTACHMENT# TO REPORT# C7V c=23— l a- By-law No. 6702/06 Page 15 P"" (b) employ or use only the services of licensed drivers; (c) provide the City and, where applicable, any broker with whom they are affiliated, with the names of all drivers who are permitted to operate the taxicab; (d) repair any mechanical defects in the taxicab reported to them by.a driver or the City; (e) when a taxicab is not expected to be operated for more than five (5) consecutive days, notify the City of the reason within 3 days of the temporary halt in operation and prior to resuming operation of the taxicab, upon request of the City, provide a Safety Standard Certificate issued by an authorized vehicle inspection station; (f) upon receipt of a notice of inspection from the City, obtain a current Safety Standard Certificate issued by an authorized vehicle inspection station and make the taxicab available for inspection at the appointed time and place specified in the notice; (g) ensure that a copy of the current tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat; and (h) maintain in the taxicab a maintenance log of all maintenance and repairs performed on the taxicab within the immediately preceding six (6) months. 47 (1) Every taxicab plate licensee shall maintain the taxicab in good condition at all times. (2) Without limiting the generality of subsection (1), every taxicab plate licensee shall maintain all drive train components (including the engine, transmission, suspension and braking system) in accordance with the standards of Ontario Regulation 611 and maintain all factory and after- market parts free of defects or damage. Restrictions 48 No person shall permit a vehicle to be operated as a taxicab without a taxicab plate affixed to the rear of the vehicle and a taxicab plate license for the vehicle. 49 No person shall publish or cause to be published any representation that he is licensed or hold himself out as being licensed if he is not licensed. 50 No taxicab plate licensee shall permit a taxicab to be operated unless it complies with all of the vehicle requirements set out in Part X. 51 No taxicab plate licensee shall permit a taxicab to be operated with mechanical defects. ATTACHMENT# 3 TO REPORT# ,g 3-f By-law No. 6702/06 / of `3 Page 16 P' 52 No taxicab plate licensee shall permit a taxicab to be operated with any sign, emblem, decal, ornament or advertisement displayed on or in a taxicab except in accordance with this by-law. 53 No taxicab plate licensee shall permit a taxicab to be operated unless the current tariff card and the Passenger Rights & Responsibilities set out in Schedule 3 are affixed to the rear of the front seat or are otherwise located so that they are plainly visible to passengers in the back seat. 54 No taxicab plate licensee shall permit a taxicab to be operated in affiliation with a broker who is not licensed. Vehicle Registration 55 Prior to using any vehicle as a taxicab, every taxicab plate licensee shall submit the vehicle to the City for inspection and registration. 56 No vehicle shall be registered as a taxicab unless it meets all of the requirements of Part X. 57 Where a taxicab plate licensee wishes to change the vehicle to which the taxicab plate is affixed, he shall submit the new vehicle for inspection and, upon registration of the new vehicle, shall pay the fee set out in Schedule 1. Temporary Vehicle Change 58 Where a taxicab cannot be operated because of a mechanical defect or damage, a taxicab plate licensee may, for a temporary period not exceeding 28 consecutive days, affix a taxicab plate to an unregistered vehicle provided, (a) the vehicle meets all of the requirements of Part X; (b) a valid Safety Standard Certificate not more than six months old for that vehicle is on file with the licensing officer; and (c) the vehicle has passed the most recent inspection by the City. 59 (1) The taxicab plate licensee shall notify the City immediately upon commencement of its use of a replacement taxicab and shall notify the City which taxicab it is replacing and confirm that the taxicab plate of the replaced taxicab has been affixed to the replacement taxicab. (2) Notice under subsection (1) may be provided by depositing written notification in the City Hail after hours mail deposit box or by facsimile transmission to the City if the replacement taxicab is to be used when the City is not open for business. 60 The taxicab plate licensee shall notify the City immediately upon the return to service of the replaced taxicab and shall confirm that the taxicab plate has been reaffixed to the formerly replaced taxicab. ATTACHMENT# 3 TO REPORT#C V c2-3 —102 1 'of. 3 Taxicab By-law No. Page 17 61 (1) Where the taxicab plate to be affixed to a replacement taxicab is an accessible taxicab plate, the replacement taxicab shall be an accessible taxicab. (2) Where the taxicab plate to be affixed to a replacement taxicab is a clean air cab plate, the replacement taxicab shall be a clean air cab. Limitation on Number of Licenses 62 The City recognizes a total of seventy-four (74) taxicab plates as having been • issued under By-law No. 2206/86, three (3) of which are accessible taxicab plates. 63 (1) The total number of taxicab plate licenses issued at.any given time shall not exceed 74 or the number established by the ratio of one licence for each 1,500 residents of the City, whichever is greater. (2) For the purposes of subsection (1), the number of residents of the City shall be as determined by the latest revised population figures available from Statistics Canada (annual estimates and the five-year actuals). (3) The City may issue new City plate licenses within three months of receipt of the population statistics from Statistics Canada if warranted under subsection (1). (4) Council may issue up to three (3) clean air cab plate licenses in addition to the licenses permitted by subsection (1). PART VI— PLATE OWNERS Transfer of Plate Ownership 64 No plate owner shall transfer, sell or otherwise dispose of a taxicab plate without the approval of the City. 65 The City shall not approve the transfer or sale of a taxicab plate unless the plate owner, (a) attends in person accompanied by the purchaser to complete and file with the City a plate ownership transfer form and declaration; (b) provides a fully executed contract of sale for the taxicab plate; (c) returns to the City the taxicab plate that is being transferred; and i"' (d) pays the fee set out in Schedule 1. • ATTACHMENT# 3 TO REPORT# 64kb a 3 I oZ jof. 3'- Taxicab By-law No. Page 18 • _ 66 When the plate owner is a corporation and at least 51 percent of the voting rights attached to all shares of that corporation are sold or otherwise disposed of, the plate shall be deemed to have been transferred. • Operation/Transfer of a Plate by an Estate 67 Within ninety (90) days following the death of a natural person who is a plate owner, the executor or administrator of the estate shall file with the City proof of death of the natural person and proof of the executor's or administrator's capacity. 68 The executor or administrator may continue to hold the deceased's plates for a period of up to one (1) year following the date of death and may operate a taxicab or permit a taxicab to be operated with the deceased's plates attached provided all of the requirements of this by-law are complied with during such time. 69 (1) Where the executor or administrator cannot transfer the deceased's plates within one (1) year following the date of death, the executor or administrator may apply to Council and Council may, having regard to the matters set out in section 150, permit the executor or administrator to continue to operate the taxicab or permit the taxicab to be operated with the deceased's plates attached for such further period of time as Council �.... deems appropriate. (2) If the executor or administrator does not or cannot transfer the deceased's plates within one (1) year following the date of death, or within such further period of time as prescribed by Council pursuant to subsection (1), whichever is later, the deceased's plates shall be deemed to be cancelled and shall be returned to the City. Leases 70 (1) No plate owner shall permit a taxicab that the plate owner does not own to be operated using a plate owner's taxicab plate except under the authority of a lease that meets the requirements of this section. (2) Copies of all leases shall be filed with the City. (3) The name of the lessee shall be endorsed on the plate portion of the Provincial Motor Vehicle Permit for the vehicle, a copy of which shall be submitted to the City. • (4) Leases shall be for a period of not less than one (1) year an not more than three (3) years. 71 No lessee shall operate a taxicab except under the authority of a lease that meets the requirements of section 70. 72 No lessee may sublease a lease. ATTACHMENT# - TO REPORT# CA-0 cp.-3 ic9„. • By-law No. 6702/06 / I` 'of' 3 Page 19 PART VII—CITY PLATES Obtaining a License • 73 In addition to the requirements of Part III and Part V, every applicant for a City plate licence shall meet the requirements of this Part. 74 All taxicab plates issued to City plate licensees shall remain the property of the • City. Plate Eligibility List 75 The City shall maintain a plate eligibility list that contains the names of applicants for a City plate license in the order of the receipt of their application. 76 No person, by virtue of the submission of an application for a City plate license or by virtue of the placing of his name on the plate eligibility list, shall obtain a vested right to a City plate license, or to remain on the plate eligibility list. 77 The City shall issue City plate licenses as they become available to persons in • the order in which their names appear on the plate eligibility list. 78 (1) No applicant for a City plate license shall have his name placed on the plate eligibility list unless, for an average of at least thirty-five (35) hours per week during at least forty-four (44) weeks per year during the twenty- four (24) months immediately preceding the date of application, the applicant has, (a) held a taxicab driver's license or a similar licence by another municipality; (b) held a taxicab plate license or a similar license by another municipality; (c) held a brokerage license or a similar license by another municipality; or (d) been employed by a broker in the City or any other municipality. (2) No applicant for a City plate license shall have his name maintained on the plate eligibility list unless, for an average of at least thirty-five (35) hours per week during at least forty-four (44) weeks per year during the immediately preceding twenty-four (24) month period, the applicant has, (a) held a taxicab driver's license or a similar licence by another municipality; (b) held a taxicab plate license. or a similar license by another municipality; ATTACHMENT# 3 TO REPORT# G4,-0 c:93--la` c720 .of. By-law No. 6702/06 Page 20 (c) held a brokerage license or a similar license by another municipality; or (d) been employed by a broker in the City or any other municipality. (3) The forty-four (44) week requirement in subsections (1) and (2) may be satisfied in isolation or through any combination of clauses (a), (b), (c) and (d). (4) All persons whose names appeared on the waiting list maintained under By-law 2206/86 shall have their names maintained on the plate eligibility list if they meet the requirements of subsection (2). (5) Where on account of disability a person has become unable to drive a taxicab or to continue employment with a broker, he shall be deemed to have complied with subsection (2) notwithstanding his continued inability to drive or be employed, throughout the period of disability if, (a) immediately prior to the occurrence or onset of the disability he complied with subsection (2); and (b) as soon as reasonably possible after the occurrence or onset of the . disability, he files with the City a certificate from a duly qualified medical practitioner confirming the disability, and, if applicable, the date on which the disability ended. (6) The City shall review the plate eligibility list annually to determine whether those persons listed on it continue to comply with the requirements of subsection (2). (7) (a) Once each year every person whose name appears on the plate eligibility list shall complete and return to the City, within thirty (30) days following the date of receipt of notice from the City, a statutory declaration in a form provided by the City evidencing compliance with subsection (2). (b) Persons who fail to comply with clause (a) shall have their names removed from the plate eligibility list. (8) Any person whose name is on the plate eligibility list and who no longer complies with subsection (2) shall have his name removed from the plate eligibility list. (9) The City shall give notice to any person whose name is removed from the plate eligibility list. 79 No person shall hold more than one position on the plate eligibility list at any one time. ATTACHMENT# TO REPORT# C-1 k(' ,?-102-- c72 .of. 3 By-law No. 6702/06 Page 21, 80 The plate eligibility list shall be available for inspection during normal business hours of the City. Registration 81 When a City plate license is approved, the applicant shall, within 30 days of the date of notification of such approval, register a taxicab to that taxicab plate and affix the taxicab plate to that taxicab, failing which, the applicant shall not be issued the City plate license, the applicant's name shall be removed from the plate eligibility list, and the City may proceed to issue the City plate license to another eligible applicant. • PART VIII–ACCESSIBLE TAXICABS Obtaining a License 82 In addition to the requirements of Part III and Part V, prior to the issuance of an accessible taxicab plate license, the applicant shall provide the City with a current Safety Standard Certificate issued by an authorized vehicle inspection station showing that the vehicle to which the accessible taxicab plate will be attached meets the requirements for an accessible taxicab as set out in Ontario Regulation 629. . Accessible Taxicab Plate Licensee Duty 83 Every accessible taxicab plate licensee shall ensure that the taxicab is in compliance with Ontario Regulation 629 at all times during operation of that taxicab. Restrictions 84 No person shall operate a vehicle as an accessible taxicab without an accessible taxicab plate affixed to the rear of the vehicle and an accessible taxicab plate license for the vehicle. • 85 No person shall permit a vehicle to be operated as an accessible taxicab without an accessible taxicab plate affixed to the rear of the vehicle and an accessible taxicab plate license for the vehicle. PART IX–CLEAN AIR CABS Obtaining a License 86 In addition to the requirements of Part Ill and Part V, applicants for clean air cab plate licenses shall meet the requirements of this Part. 87 Council may issue clean air cab plate licenses without regard to the plate eligibility list. ATTACHMENT#-5 TO REPORT# O 2 .3 _ r a--- Taxicab By-law No. Page 22 000.. 88 Clean air cab plate licenses shall be issued to applicants selected through requests for proposals submitted to the City's Supply & Services Division in accordance with terms established by the City. 89 All plates issued to clean air cab plate licensees shall remain the property of the City. 90 Clean air cab plates are held by clean air cab plate licensees at the pleasure of Council and may be revoked by the City, without cause, following a period of three (3) years from the date of issuance, and upon revocation, shall revert to the City without compensation to the clean air cab plate licensee. Restrictions 91 Notwithstanding any other provision of this by-law, clean air cab plate licenses shall not be transferred, leased or otherwise disposed of by the clean air cab plate licensee. 92 Clean air cab plate licenses may only be used by clean air cab plate licensees and one alternate driver whose name has been provided to the City in advance of any such use. 93 Notwithstanding section 96, any vehicle operated under a clean air cab plate licence shall be of a model year no older than three years. 94 No person shall operate a vehicle as a clean air cab without a clean air cab plate affixed to the rear of the vehicle and a clean air cab plate licence for the vehicle. 95 No person shall permit a vehicle to be operated as a clean air cab without a clean air cab plate affixed to the rear of the vehicle and a clean air cab plate licence for the vehicle. PART X VEHICLE REQUIREMENTS Model Year Restrictions 96 (1) No vehicle more than seven (7) years old according to its model year may be registered for the first time as a taxicab under this by-law. (2) No vehicle more than ten (10) years old according to its model year shall be used as a taxicab in the City. (3) The requirements of this section shall not apply to a vehicle if, (a) as of January 1, 2007, the vehicle to be registered for the first time. as a taxicab is of a model year 1996 or newer, or is an existing taxicab of a model year 1994 or newer; ATTACHMENT# 3 TO REPORT# CND .=7 3 1c9- Taxicab By-law No. c 23•of Page 23 (b) as of January 1, 2008, any vehicle to be registered for the first time as a taxicab shall be of a model year 1998 or newer, or is an • existing taxicab of a model year 1996 or newer; or (c) as of January 1, 2009, any vehicle to be registered for the first time as a taxicab shall be of a model year 2000 or newer, or is an existing taxicab of a,model year 1998 or newer. (4) Commencing on January 1, 2010, subsections (1) and (2) shall apply to all taxicabs. Vehicle Standards 97 Every taxicab shall be equipped with, (a) two (2) emergency lights conforming to the following standards: (i) equipped with an intermittent flasher to continuously flash until reset or disengaged; (ii) amber in colour; (iii) minimum of 5 centimetres in diameter; (iv) shock resistant; (v) wired on a circuit independent from all other equipment in or on the taxicab; (vi) visible, upon activation, from the front and rear of the taxicab from a distance no less than 15 metres during daylight and evening hours; (vii) installed at opposite ends of the taxicab with one facing toward the front of the taxicab and one facing to the rear of the taxicab; and (viii) situated such that the lights, when activated, are not visible to occupants of the taxicab; (b) a silent activation switch to activate the emergency lights; (c) an illuminated activation switch for the emergency lights located in the trunk of the taxicab located out of plain view, and protected from accidental activation; • (d) a reset/disengage switch for the emergency lights located only in the trunk of the taxicab, located out of plain view, that remains illuminated so long as the emergency lights are activated; (e) an emergency alert system incorporated with a two-way radio system; ATTACHMENT# TO REPORT# cD (c9"-- Taxicab By-law No. .of. 3 Page 24 (f) a heater and an air conditioning system in proper working condition; (g) an extra tire, wheel and jack ready for use for that taxicab, fender numbers, and properly functioning roof light; (h) clear untinted glass windows, except such tint as is approved by the City; and (i) a taxicab meter that, (i) has been calibrated to reflect the current fares; (ii) is in proper working order with the meter seal properly affixed; and (iii) has been tested and sealed by a licensing officer and mounted in a position so that it is clearly visible to passengers in the front and back seats of the taxicab. 98 Notwithstanding clause 97(i)(iii), when a licensing officer is not available to test or seal a taxicab meter as required, the taxicab plate licensee or driver who has had a taxicab meter altered, repaired or replaced may operate the taxicab in which the taxicab meter is installed for a period up to seventy-two (72) hours provided that, (a) the driver has in their possession a receipt for the repair or installation of the taxicab meter from a recognized taxicab meter service provider; (b) the receipt is signed by the person who made the repairs or installation; (c) the receipt sets out the date, time and nature of the repair or installation; and (d) the licensing officer has been notified that the repair has been made. 99 All taxicab equipment shall be of a type approved by a licensing officer and shall be installed in locations approved by a licensing officer. 100 Every taxicab shall meet the standards for the issuance of a Safety Standard Certificate of mechanical fitness and be in compliance with the Ontario Drive Clean program. - 101 The interior of every taxicab, including the trunk, shall be, (a) free of all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred onto the person, clothing or possessions of a - passenger; (b) free of all waste paper,•cans, garbage or any other item not intrinsic to the operation of the taxicab; ATTACHMENT# TO REPORT# c2AO o9-3 - a� .of. ��- Taxicab By-law No. Page 25 (c) free of noxious substances; (d) free of tears and cigarette burns in the upholstery; (e) dry; (f) in good repair; and (g) capable of accommodating a wheelchair, walker, or similar device used to aid physically disabled persons. 102 The exterior of every taxicab shall, • (a) be free of all dust, dirt, grease, oil, adhesive resin and any other item which can be transferred onto the person, clothing or possessions of a passenger, except water or snow; (b) be in good repair; (c) be free from body damage; (d) have a well maintained exterior paint finish; and (e) have four matching hubcaps or wheels. 103 Every taxicab shall be a four (4) door sedan or wagon with two rear passenger doors and a rear seat Width of at least 137 centimetres from inside door to inside door or be a van equipped with four side doors. PART XI -BROKERAGE LICENSES Obtaining a Licence 104 In addition to the requirements of Part III, every applicant for a brokerage licence shall submit to the City evidence of an affiliation with at least two taxicab plate licensees and/or lessees. Term of Licence 105 Every brokerage licence shall be valid up to and including December 31st in the year for which it was issued. Broker Duties 106 Every broker shall, (a) provide the City with a list, showing in numerical order by taxicab plate number, the name of every driver operating any taxicab with which he has entered into an arrangement for the provision of taxicab brokerage services; ATTACHMENT# TO REPORT# 0,411D a 7_ 0`7 l By-law No. 6702/06 of. 3 7� Page 26 ,0""" (b) notify the City within ten (10) days of any additions to or deletions from the list provided under subsection (a); (c) prepare and retain for a period of at least six months a record of the time and date of each dispatch, the driver to whom the order was dispatched, the taxicab plate number, the pickup location and the destination; (d) carry on the brokerage twenty-four(24) hours a day; (e) upon request, inform any person requesting taxicab service of the anticipated length of time required for a taxicab to arrive at the pickup location; (f) when volume of business is such that service will be delayed to any person requesting taxicab service, inform the person of the approximate time of the delay before accepting the order; (g) dispatch a taxicab to any person requesting service within the City unless the person requesting service has not paid for a previous trip; (h) carry on business only in the name in which the broker is licensed; (i) where the broker dispatches to accessible taxicabs, and service is requested by a disabled person, provide priority service for such person, "*". but subject to prior requests for service by other disabled persons; (j) promptly investigate any complaint brought to the broker's attention by a licensing officer against any driver or taxicab plate licensee and report the findings to the licensing officer and any action taken; (k) prepare and file with the City a list of the brokerage's rules and procedures; (1) display the brokerage's rules and procedures prominently in the brokerage's offices; (m) abide by the brokerage's rules and procedures; (n) at the request of a licensing officer, not dispatch calls to any taxicab until further notification; (o) at the request of a licensing officer, provide a record showing the number of taxicabs available for service on any particular day, the time(s) when each taxicab was available for service, and the calls dispatched to each taxicab; (p) employ or use only the services of a taxicab plate licensee or a driver; and (q) maintain an affiliation with at least two taxicab plate licensees and/or lessees. ATTACHMENT# TO REPORT r # C c9-g— 4 Taxicab By-law No. °9 .of. 3 Page 27 Broker Restrictions 107 No broker shall, • (a) dispatch to an unlicensed taxicab or an unlicensed driver; (b) permit any person to use obscene, boisterous, loud, threatening, abusive, foul or racist language while dispatching; (c) implement any changes in the rules and procedures outlined in clause 106(1) until the proposed change is filed with the City and displayed prominently in the broker's office; (d) accept orders for a parcel delivery unless the driver agrees to take the order; (e) require any driver to accept any order requiring the expenditure of money by the driver on behalf of the customer; (f) make any charge or financial demand, directly or indirectly, of a taxicab plate licensee or lessee, other than dues; or (g) dispatch to a taxicab which is not on the list provided under clause 106(a). /" 108 No person shall,carry on business as a broker in the City unless he has been issued a brokerage licence. PART X11—INSPECTIONS and ORDERS Rights of Inspection 109 The City shall inspect all taxicabs concurrently with the issuance of any taxicab plate licence. 110 A licensing officer may, at any time when a taxicab is not engaged in the transportation of passengers, enter and inspect the taxicab. 111 Every taxicab plate licensee, lessee or driver shall submit or cause his taxicab to -be submitted for inspection when required to do so by a licensing officer. 112 A licensing officer may require that a taxicab plate licensee, lessee or driver submit his taxicab for inspection at an appointed time and place provided notice of the required inspection is given. 113 Nothing in this section shall prevent the removal of any personal property from a taxicab prior to an inspection. • ATTACHMENT#- TO REPORT# Q.. .T7 c 3-( oZ 3-9- By-law No. 6702/06 • Page 28 114 (1) A licensing officer may require from any person the production of any license, permit, log, invoice, voucher, appointment book, trip sheet or any other document in order to ensure compliance with this by-law. (2) A licensing officer may remove any of the documents referred to in subsection (1) for the purpose of photocopying provided a receipt is given and the documents are returned within forty-eight (48) hours of removal. 115 No person shall prevent, hinder or interfere or attempt to prevent, hinder or interfere with an inspection of a taxicab by a licensing officer or the collection of information by a licensing officer. Orders 116 Where a licensing officer finds that a taxicab does not comply with any of the vehicle requirements set out in Part X, he may order the taxicab plate licensee, driver and/or lessee of the taxicab to remedy the non-compliance. 117 All orders shall provide, (a) the taxicab plate number of the taxicab; (b) reasonable particulars of the non-compliance; (c) the date by which the non-compliance must be remedied; and (d) the final date for appealing the order. 118 All orders shall be served in the manner set out in section 163. 119 (1) If an order is not complied with by the date specified in the order, the taxicab plate license in respect of that taxicab shall be suspended as of 12:00 a.m. on that date, and shall only be reinstated if the City receives satisfactory evidence of compliance. • (2) Where a taxicab plate license has been suspended under subsection (1), and where no satisfactory evidence of compliance is filed with the City within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 120 No person shall fail to comply with an order. Unsafe Taxicabs 121 (1) Where a taxicab is in a condition that poses a danger to the health or safety of the public, a licensing officer may take custody of the taxicab plate affixed to the taxicab, cut the seal on the taxicab meter, and order that the taxicab be immediately removed from service. ATTACHMENT# TO REPORT# Cet� 6 3- By-law No. 6702/06 0?'f .of. j 0 Page 29 (2) An order issued under subsection (1) may require the taxicab plate licensee, driver or lessee or to have the taxicab towed to a place of repair or other private property at his expense. • (3) If an order has been issued pursuant to subsection (1), no person shall operate or permit the operation of that taxicab until the danger has been removed, the taxicab has been inspected by a licensing officer and the taxicab meter has been resealed. PART XIII—SUSPENSIONS, CANCELLATIONS and REVOCATIONS Taxicab Driver's Licenses 122 A licensing officer may suspend or revoke a taxicab driver's license if the driver fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. 123 (1) When a driver has had his Ontario Driver's License suspended, cancelled or revoked, the driver shall immediately report that fact to the City and the taxicab driver's license shall be deemed to be suspended as of the date of such suspension, cancellation or revocation. (2) A taxicab driver's license that has been suspended under subsection (1) shall not be reinstated unless the City receives written confirmation that the Ontario Driver's License has been reinstated. (3) If.the City does not receive written confirmation that the Ontario Driver's License has been reinstated within sixty (60) days from the date of the • suspension, the taxicab driver's license shall be revoked. Taxicab Plate Licenses 124 A licensing officer may suspend or revoke a taxicab plate license if the taxicab plate licensee fails to comply with any provision of this by-law and such non- compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. 125 (1) When a taxicab plate licensee ceases to have a current valid Ontario Standard Automobile Insurance Policy in good standing, his taxicab plate license shall be suspended as of the date on which such policy ceased to be in effect. (2) A taxicab plate license that has been suspended under subsection (1). shall not be reinstated unless the City receives written confirmation that the insurance required by clause 42(b) is in place. ATTACHMENT# -3 TO REPORT#Cf O 3 -1 By-law No. 6702/06 _0 of Page 30 (3) If the City does not receive written confirmation that the necessary insurance is in place within sixty (60) days from the date of the • suspension, the taxicab plate license shall be revoked. 126 (1) A licensing officer may demand that.a taxicab plate licensee or lessee file a current Safety Standard Certificate issued by an authorized vehicle inspection station for any taxicab registered to him, dated not prior to the. date of demand and may suspend a taxicab plate license until the certificate has been filed. (2) Where the licensing officer demands a Safety Standard Certificate. pursuant to subsection (1), the taxicab plate licensee shall provide it within (3) three days. (3) Where a taxicab plate license has been suspended under subsection (1), and where no certificate is filed with the City within sixty (60) days from the date of the suspension, the taxicab plate license shall be revoked. 127 A licensing officer shall revoke a clean air cab plate license if the clean air cab plate licensee is deceased or is no longer a driver. Brokers �.. 128 A licensing officer may suspended or revoke a brokerage license if the broker fails to comply with any provision of this by-law and such non-compliance is not remedied within seven (7) days following notice from the City specifying the particulars of the non-compliance. General 129 The City may cancel any taxicab driver's license, taxicab plate.license or brokerage license at any time upon the written request of the driver, taxicab plate licensee or broker, as the case may be. 130 (1) When a taxicab driver's license, taxicab plate license or brokerage license has been suspended, cancelled or revoked, the holder of the license shall return it and, if applicable, the taxicab plate to the City within forty-eight (48) hours of the suspension, cancellation or revocation. (2) A licensing officer may enter upon any business premises or into the taxicab of any licensee whose license has been suspended, cancelled or revoked for the purpose of removing the license and, if applicable, the taxicab plate. 131 No person shall refuse to deliver or in any way obstruct or prevent a licensing officer from obtaining a license that has been suspended, cancelled or revoked. 132 No person shall operate a taxicab or permit the operation of a taxicab by a driver whose taxicab driver's license has been suspended, cancelled or revoked. ATTACHMENT# 3 TO REPORT#CPro c2 3 By-law No. 6702/06 3 t .of. Page 31 133 No person shall operate a taxicab or permit the operation of a taxicab in respect of which the taxicab plate license has been suspended, cancelled or revoked. 134 No person shall operate a brokerage in respect of which the brokerage license has been suspended, cancelled or revoked. PART XIV—APPEALS Appeal Rights 135 Applicants may appeal a licensing officer's refusal to issue a license. 136 -A person whose name has been removed from the plate eligibility list pursuant to subsection 78(8) may appeal the decision. 137 A driver:whose taxicab driver's license has been suspended or revoked pursuant • to section 122 may appeal the decision. 138 A taxicab plate licensee whose taxicab plate license has been suspended or revoked pursuant to section 124 may appeal the decision. 139 Persons to whom an order under section 116 has been directed may appeal the order.• Filing of Appeal 140 All appeals must be submitted to the City Clerk within fourteen (14) days of the date of the decision or order being appealed. 141 All appeals shall be in writing and shall include, (a) the reason(s) for the appeal; (b) an identification of the appellant and any other party; (c) the name of any agent, representative or lawyer representing the applicant; (d) the municipal addresses, telephone numbers, facsimile numbers and email addresses for each person identified in clauses (b) and (c); and (e) the appeal fee set out in Schedule 1. Effect of Appeal 142 Until such time as Council has made a decision respecting the appeal, the decision or order being appealed shall be stayed. ATTACHMENT# TO REPORT#0A--C) o? &of. By-law No. 6702/06 Page 32 " Hearing 143 The Taxicab Advisory Committee shalt hear all appeals under this by-law. 144 Upon receipt of an appeal, the City Clerk shall, as soon as is practicable, notify the appellant and all other parties of the date, time and location of the hearing. 145 All hearings before the Taxicab Advisory Committee shall be conducted in accordance with Rules of Procedure approved by Council. 146 Following a hearing, the Taxicab Advisory Committee shall, as soon as is practicable, make a written recommendation to Council with reasons, after which Council shall make its decision. 147 If an appellant fails to appear at a hearing, the decision or order appealed shall be deemed to be in full force and effect as if no appeal had been filed. • Council Powers. 148 On an appeal, Council may make any decision that the licensing officer could have made and may make its decision subject to such conditions as it considers advisable. 149 When making its decision on appeals, Council shall have regard to the following matters (where applicable): (a) the purposes of this by-law as set out in Part II; (b) the matters set out in section 17; (c) the appellant's record of complying or not complying with any of the provisions of this by-law or any condition imposed on a license; (d) any convictions of the appellant or any outstanding charges against the appellant under any provincial or federal statute or regulation including the Criminal Code of Canada and the Controlled Drugs and Substances Act (Canada); (e) the results of any testing, training, educational or awareness program completed or not completed by the appellant; and (f) any other thing or matter that may affect the appellant's ability to hold a license. 150 The decision of Council on an appeal shall be final and binding. �-- 151 Notice of the decision of Council shall be given to the appellant and any other person present at the hearing. 152 Council's decision shall take effect on the day that it is made. ATTACHMENT# TO REPORT#C a - By-law No. 6702/06 Page 33 PART XV-OFFENCES / PENALTIES 153 (1) Every person who contravenes any provision of this by-law, and every director or officer of a corporation who concurs in such contravention by the corporation, is guilty of an offence and, subject to subsection (2), upon conviction is liable to a fine not exceeding $25,000 or to imprisonment for a term not exceeding one year, or to both. (2) Where a corporation is convicted of an offence under subsection (1), the maximum penalty that may be imposed on the corporation is $50,000. 154 No person shall make a false or intentionally misleading recital of fact, statement or representation in any statutory declaration, application or other document required by this by-law. PART XVI -GENERAL Plate Replacement 155 When a taxicab plate is defaced, destroyed or lost, the taxicab plate licensee shall apply to the City for a replacement and shall pay the appropriate fee under Schedule 1 within 14 calendar days of the damage, loss or destruction. 156 Where the taxicab plate is lost or destroyed, the taxicab plate licensee shall file a police report detailing the circumstances of the loss or destruction and the City shall issue a replacement plate. Compliance with Other Laws 157 In addition to every other requirement imposed by this by-law, every license is issued subject to the condition that all federal, provincial and municipal laws, by- laws, rules, regulations, orders, approvals, permits, standards, and all other governmental requirements applicable to the operation of the business so licensed must be complied with. Changes 158 When a licensee changes his name or address or any information relating to his license, he shall notify the City within forty-eight (48) hours of the change and shall return the license immediately to the City for amendment. 159 Where there is to be a change in the composition of a licensed partnership, the • proposed change must be registered with the City. 160 Where there is to be a change in the composition or the controlling interest of a �'-' licensed corporation, the proposed change must be registered with the City. ATTACHMENT# TO REPORT#Ciettp c 3 34{.of. 3 �. By-law No. 6702/06 Page 34 Fees 161 Persons receiving a service listed in Schedule 1 shall pay the fee set out in Schedule 1 for that service. Fare Adjustments '162 The fares set out in Schedule 2 shall be reviewed annually by the. Taxicab Advisory Committee to determine whether to recommend a change to Council. Notice 163 Any notice required to be given under this by-law or any order served under Part XII shall be in writing and shall be sufficiently given or served if delivered in person or sent by registered mail to the last address on file with the City. 164 Each notice given or order served shall be deemed to have been received on the day it was delivered or on the third business day after it was mailed, as the case may be, whether or not.it is actually received. Repeal 165 By-law No. 2206/86 is repealed. 166 By-law No. 6595/05 respecting fees, is amended to reflect the. fees set out in Schedule 1. Short Title 167 This by-law may be cited as the Taxicab Licensing By-law. Effective Date 168 This by-law shall come into effect on January 1, 2007. BY-LAW read a first, second and third time and finally passed this 18th day of September, 2006. f0 ( David ' ..yor Debi A. Bentley, City Clerk ATTACHMENT# 3 TO REPORT# ( 13 3 S— .of. 3 3— By-law No. 6702/06 Page 35 SCHEDULE 'I FEES LICENSE FEES ANNUAL FEE • (a) Plate owner license (one year) $ 250.00 (b) Brokerage license(one year) 150.00 (c) Taxicab driver's license (two years) 100.00 (d) Clean air cab plate license (one year) 1,000.00 • (e) Plate owner license—vehicle that meets the requirements of a clean air cab (one year) 125.00 (f) City plate license (one year) 2,000.00 OTHER FEES (g) Transfer of plate owner's plate $ 500.00 (h) Driver testing and training program (exclusive of CPR) 275.00 (i) First Aid/CPR Certificate 75.00 (j) Filing an appeal 75.00 (k) Replacement of taxicab driver's license 20.00 (I) Replacement of taxicab plates 25.00 (m) Replacement of each tariff card/Passenger Rights & Responsibilities 10.00 (n) Change of registered vehicle 100.00 (o) Re-inspection without taxicab meter 20.00 (p) Re-inspection with taxicab meter 35.00 (q) Lease filing 50.00 (r) Late Cancellation/No Show for Inspection 15.00 (s) Plate eligibility list application (every year) 20.00 ATTACHMENT# 3 TO REPORT# C/Ott) By-law No. 6702/06 -3 (P•of. Page 36 SCHEDULE 2 TARIFFS/FARES 1. For the first one-eighteenth kilometer or part thereof $2.75 (incl. GST) 2. For each additional one-eighteenth kilometer or part thereof $0.10 (incl. GST) 3. For waiting time while under engagement, per minute $0.40 (incl. GST) ATTACHMENT# 3 TO REPORT# C tip a 3 By-law No. 6702/06 3 9- Page 37 SCHEDULE 3 TAXICAB PASSENGER RIGHTS AND RESPONSIBILITIES Taxicab passengers in Pickering are entitled to a professional driver who, • is licensed by the City of Pickering and prominently displays his/her taxicab driver license inside the taxicab; • knows the major routes and destinations in the City; • is well-groomed, neat and clean in personal appearance; • is courteous and provides assistance; • provides a safe ride; • knows and obeys all City by-laws and all traffic laws; • offers a silent ride if desired; • takes the most direct route to the destination unless otherwise directed by the passenger, • keeps the interior of the taxicab clean and free of debris; and • issues a receipt upon request noting the date and time of the trip, place of pick up, place of discharge, taxicab plate number, driver name, Provincial plate number and the fare paid. Taxicab passengers in Pickering are entitled to a quality taxicab, • in good mechanical and physical condition; • with a properly calibrated and sealed taxicab meter; • with a clean exterior, passenger area and trunk; • that is heated or air conditioned on demand; and • ' that is smoke—free. Taxicab passengers in Pickering, • cannot eat, drink or smoke inside the taxicab; • cannot interfere with the taxicab driver in the conduct of his/her duties; • are responsible for any damage caused to the taxicab; and ./^ • are required to pay the required fare. Customer compliments and/or complaints may be directed to the City's Licensing Information Line at 905.420.4611 or by e-mail at bylaw@ city.pickering.on.ca.