Item - 2018.CC36.3

City Council on January 31 and February 1, 2018, adopted the following:

1.  City Council adopt the recommendations in Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor.

3.  City Council direct that all other information in Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council authorize the City Solicitor, together with City Planning staff and other staff as appropriate, to attend the Ontario Municipal Board hearing to oppose the Zoning By-law Amendment application in its current form for the property at 346, 350, 352 and 356 Eglinton Avenue West.

2.  City Council authorize the City Solicitor and appropriate staff to continue discussions with the applicant to address the issues outlined in the report (January 22, 2018) from the City Solicitor and the Request for Directions Report (August 30, 2016) and to report back to City Council on the outcome of discussions, if necessary.

3.  Should the Ontario Municipal Board approve the application, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order approving the application until such time as:

a.  the Board has been advised by the City Solicitor that the proposed Zoning By-law Amendment is in a form satisfactory to the City; and

b.  a Section 37 Agreement has been executed to the satisfaction of the City Solicitor.

The balance of Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and contains information regarding potential litigation. The balance of Confidential Attachment 1 to the report (January 22, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.