Item - 2018.CC38.11

City Council on March 26 and 27, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (March 26, 2018) from the City Solicitor, as amended by the confidential instructions to staff attached to motion 1 by Councillor David Shiner.

2.  City Council authorize the public release of the recommendations in Confidential Attachment 1 to the report (March 26, 2018) from the City Solicitor, as amended by the confidential instructions to staff attached to motion 1 by Councillor David Shiner, and City Council direct that the balance of Confidential Attachment 1 to the report (March 26, 2018) from the City Solicitor remain confidential. 

3.  City Council direct that Confidential Attachment 2 to the report (March 26, 2018) from the City Solicitor remain confidential at the discretion of the City Solicitor.

The confidential recommendations in Confidential Attachment 1 to the report (March 26, 2018) from the City Solicitor were adopted by City Council, as amended by the confidential instructions to staff attached to motion 1 by Councillor David Shiner, and are now public, as follows:

1.  City Council accept the settlement offer from Metrolinx dated March 27, 2018 and:

a.  direct the City Solicitor to support a modified version of Official Plan Amendment 331 at the Ontario Municipal Board, consistent with the terms set out in the settlement offer; and

b.  classify the lands labelled as Block F by Official Plan Amendment 331 as a Class 4 Noise Area pursuant to Publication NPC-300 (Ministry of Environment and Climate Change Environmental Noise Guideline – Stationary and Transportation Sources – Approval and Planning).

2.  City Council direct the City Solicitor to support the revised plans for 49, 53 and 55 Judson Street in Public Attachments 1 and 2 to the report  (March 26, 2018) from the City Solicitor at the Ontario Municipal Board hearing.

3.  City Council direct the City Solicitor to support at the Ontario Municipal Board hearing a Section 37 contribution from the owner of 49, 53 and 55 Judson Street wherein the owner constructs a kiss and ride on the lands on the south-west corner of Royal York Road and Judson Street and to construct the Greenway along the north perimeter of the property, at its sole cost and expense; should the kiss and ride not be feasible, then the owner shall provide a $300,000.00 cash contribution to be used for other local improvements, at the discretion of the Chief Planner and Executive Director, City Planning, in consultation with the Ward Councillor. 

The balance of Confidential Attachment 1 to the report (March 26, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations, it contains advice or communications that are subject to solicitor-client privilege and it contains information explicitly supplied in confidence to the City by the Province of Ontario or an agent of the Province of Ontario. 

Confidential Attachment 2 to the report (March 26, 2018) from the City Solicitor remains confidential at the discretion of the City Solicitor at this time in accordance with the provisions of the City of Toronto as it pertains to litigation or potential litigation that affects the City or one of its agencies or corporations, it contains advice or communications that are subject to solicitor-client privilege and it contains information explicitly supplied in confidence to the City by the Province of Ontario or an agent of the Province of Ontario.

Confidential Attachment 2 to the report (March 26, 2018) from the City Solicitor will be made public on April 10, 2018 in accordance with the terms of the settlement.