Item - 2016.MM22.36

City Council on November 8 and 9, 2016, adopted the following:

1. City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the report (November 9, 2016) from the City Solicitor as amended by Councillor Burnside's motion in Confidential Attachment 2 to the report (November 9, 2016) from the City Solicitor.

2. City Council authorize the public release of the recommendations contained in Confidential Attachment 1 to the report (November 9, 2016) from the City Solicitor, as amended, and City Council direct that the balance of Confidential Attachment 1 to the report (November 9, 2016) from the City Solicitor remain confidential at the discretion of the City Solicitor.

The following confidential recommendations contained in Confidential Attachment 1 to the report (November 9, 2016) from the City Solicitor were adopted by City Council as amended, and are now public:

1.  City Council direct the City Solicitor to support, at the Ontario Municipal Board, the settlement contained in the November 7, 2016 letter from Goodmans LLP, appended to Confidential Attachment 1 to the report (November 9, 2016) from the City Solicitor, subject to an increase in the amount of the Section 37 contribution by $200,000.00, so the total contribution is $2,700,000.00 (indexed) to be applied to new recreational/community facilities (including off-site parkland acquisition) or the expansion of any existing recreational/community facilities in the vicinity of the site be provided.

2.  City Council release the existing sewer easement over the RioCan property at 660 Eglinton Avenue East, provided the existing pipe is relocated as requested by City staff at RioCan's expense.

3.  City Council direct that a community working group be established, in consultation with City Planning and the local Councillor, for the Site Plan process, to review matters as they relate to the proposed rear landscaping area and tree preservation.

The balance of Confidential Attachment 1 to the report (November 9, 2016) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation, including matters before administrative tribunals, affecting the municipality or local board and it contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 9, 2016) from the City Solicitor will be made public at the discretion of the City Solicitor.