Item - 2018.CC39.7

Tracking Status

  • City Council adopted this item on April 24, 2018 with amendments.

CC39.7 - 90 Eastdale Avenue, 2 Secord Avenue - Appeal to the Local Planning Appeal Tribunal - Request for Further Direction

Decision Type:
ACTION
Status:
Amended
Ward:
31 - Beaches-East York

City Council Decision

City Council on April 24, 25, 26 and 27, 2018, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 16, 2018) from the City Solicitor, as amended by motion 1 by Councillor Christin Carmichael Greb.

 

2.  City Council authorize the public release of:

 

a.  the confidential instructions to staff in Confidential Attachment 1 to the report (April 16, 2018) from the City Solicitor, as amended by motion 1 by Councillor Christin Carmichael Greb, and City Council direct that the balance of Confidential Attachment 1 to the report (April 16, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege; and

 

b.  Confidential Attachments 2 and 3 to the report (April 16, 2018) from the City Solicitor.

 

3.  City Council request the landowner and their consultant team to organize a public community information meeting in coordination with City Planning and City Legal prior to the May 22, 2018 Local Planning Appeal Tribunal hearing and City Council request the landowners pay for all costs associated with the meeting and notice.

 

The confidential instructions to staff in Confidential Attachment 1 to the report (April 16, 2018) from the City Solicitor were adopted by City Council, as amended by motion 1 by Councillor Christin Carmichael Greb, and are now public, as follows:

 

1.  City Council accept the settlement as proposed by the applicant, the terms of which are set out in Confidential Attachment 2, being a letter dated April 16, 2018 from Davis Howe LLP (without Appendices "A", "B", "C" and "D"), and Attachment 3 (being the revised architectural drawings referred to in Attachment 2 which are on file with the City Clerk for the purpose of the April 24, 25 and 26, 2018 City Council meeting), as revised by the letter (April 25, 2018) from Davies Howe LLP, and City Council direct the City Solicitor and appropriate staff to support the settlement at the upcoming Local Planning Appeal Tribunal hearing.

 

Confidential Attachments 2 and 3 to the report (April 16, 2018) from the City Solicitor and the letter (April 25, 2018) from Davis Howe LLP, are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (April 16, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice or communications that is subject to solicitor-client privilege.

Confidential Attachment - Litigation or potential litigation that affects the City or one of its agencies or corporations and advice or communications that are subject to solicitor-client privilege

Background Information (City Council)

(April 16, 2018) Report from the City Solicitor on 90 Eastdale Avenue, 2 Secord Avenue - Appeal to the Local Planning Appeal Tribunal - Request for Further Direction (CC39.7)
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-114291.pdf
Confidential Attachment 1
Confidential Attachment 2 - made public on May 4, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-114293.pdf
Confidential Attachment 3 - made public on May 4, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-114294.pdf
(April 25, 2018) Confidential letter from Davis How LLP - made public on May 4, 2018
https://www.toronto.ca/legdocs/mmis/2018/cc/bgrd/backgroundfile-114892.pdf

Motions (City Council)

1 - Motion to Amend Item moved by Councillor Christin Carmichael Greb (Carried)

That City Council amend the confidential instructions to staff in Confidential Attachment 1 to the report (April 16, 2018) from the City Solicitor in accordance with the confidential attachment to this motion.

Vote (Amend Item) Apr-27-2018 2:19 PM

Result: Carried Majority Required - CC39.7 - Carmichael Greb - motion 1
Total members that voted Yes: 25 Members that voted Yes are Paul Ainslie, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Glenn De Baeremaeker, Paula Fletcher, Michael Ford, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, Neethan Shan, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 6 Members that voted No are Maria Augimeri, Janet Davis, Sarah Doucette, Mary Fragedakis, Josh Matlow, Gord Perks
Total members that were Absent: 13 Members that were absent are Josh Colle, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Mark Grimes, Michelle Holland, Norman Kelly, Chin Lee, Giorgio Mammoliti, David Shiner, Michael Thompson

2 - Motion to Amend Item (Additional) moved by Councillor Janet Davis (Carried)

That City Council request the landowner and their consultant team to organize a public community information meeting in coordination with City Planning and City Legal prior to the May 22, 2018 Local Planning Appeal Tribunal hearing and City Council request the landowners pay for all costs associated with the meeting and notice.

Vote (Amend Item (Additional)) Apr-27-2018 2:20 PM

Result: Carried Majority Required - CC39.7 - Davis - motion 2
Total members that voted Yes: 31 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Janet Davis, Glenn De Baeremaeker, Sarah Doucette, Paula Fletcher, Michael Ford, Mary Fragedakis, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Josh Matlow, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Gord Perks, Anthony Perruzza, Jaye Robinson, Neethan Shan, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 0 Members that voted No are
Total members that were Absent: 13 Members that were absent are Josh Colle, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, John Filion, Mark Grimes, Michelle Holland, Norman Kelly, Chin Lee, Giorgio Mammoliti, David Shiner, Michael Thompson

Motion to Adopt Item as Amended (Carried)

Vote (Adopt Item as Amended) Apr-27-2018 2:21 PM

Result: Carried Majority Required - CC39.7 - Adopt the item as amended
Total members that voted Yes: 27 Members that voted Yes are Paul Ainslie, Maria Augimeri, Ana Bail„o, Jon Burnside, John Campbell, Christin Carmichael Greb, Gary Crawford, Glenn De Baeremaeker, Sarah Doucette, John Filion, Michael Ford, Jim Hart, Stephen Holyday, Jim Karygiannis, Mike Layton, Mary-Margaret McMahon, Joe Mihevc, Denzil Minnan-Wong, Frances Nunziata (Chair), Cesar Palacio, James Pasternak, Anthony Perruzza, Jaye Robinson, Neethan Shan, John Tory, Lucy Troisi, Kristyn Wong-Tam
Total members that voted No: 5 Members that voted No are Janet Davis, Paula Fletcher, Mary Fragedakis, Josh Matlow, Gord Perks
Total members that were Absent: 12 Members that were absent are Josh Colle, Joe Cressy, Vincent Crisanti, Justin J. Di Ciano, Frank Di Giorgio, Mark Grimes, Michelle Holland, Norman Kelly, Chin Lee, Giorgio Mammoliti, David Shiner, Michael Thompson
Source: Toronto City Clerk at www.toronto.ca/council