Item - 2019.CC9.13

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor as amended by the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 15, 2019) from the City Solicitor.

2.  City Council authorize the public release of:

a. the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (July 8, 2019) from the City Solicitor, as amended; and

b. the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the supplementary report (July 15, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

4. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (July 15, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor as amended by the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (July 15, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council accept the “with prejudice” settlement offer described in Public Attachments 1 and 2 to the report (July 8, 2019) from the City Solicitor as revised by the “without prejudice” settlement offer contained in Confidential Appendices A and B to the supplementary report (July 15, 2019) from the City Solicitor.

2.  City Council instruct the City Solicitor and Chief Planner and Executive Director, City Planning to require revised plans, drawings and elevations demonstrating the decrease in overall height as described in Confidential Appendices A and B to supplementary report (July 15, 2019) from the City Solicitor prior to attending a Local Planning Appeal Tribunal hearing in support of the proposed development.

3.  City Council accept the Settlement Offer regarding Official Plan Amendment 421 in Confidential Appendix A to Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor.

4. City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the revised proposed development illustrated in the Plans and Drawings prepared by Superkul Architects, dated May 7, 2019, and attached as Public Attachment 2 (the “Revised Proposal”).

5.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has provided a cash payment directed to the Municipal Parking Fund in lieu of the seventeen (17) parking spaces shortfall on-site, from the Zoning By-law requirement for parking, to the satisfaction of the General Manager, Transportation Services;

c.  the owner has addressed the outstanding items outlined in the memorandum from the Acting Manager, Engineering and Construction Services, dated June 3, 2019, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services; and

d.  the owner has secured the necessary upgrades and/or improvements to municipal infrastructure, should it be determined that improvements to such infrastructure are required to support this development arising from the accepted Functional Servicing Report.

Confidential Appendix A to the report (July 8, 2019) from the City Solicitor and Confidential Appendices A and B to the supplementary report (July 15, 2019) from the City Solicitor are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and it pertains to potential litigation.  The balance of Confidential Attachment 1 to the report (July 8, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.

The balance of Confidential Attachment 1 to the supplementary report (July 15, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege and it pertains to potential litigation.  The balance of Confidential Attachment 1 to the supplementary report (July 15, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.