Item - 2020.CC21.19

City Council on May 28, 2020, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the report (May 19, 2020) 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 instructions to staff in Confidential Attachment 1 to the report (May 19, 2020) 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 any other appropriate staff, to attend the Local Planning Appeal Tribunal in support of the current application as outlined in the report (May 19, 2020) from the City Solicitor.

2.  In the event that the Local Planning Appeal Tribunal allows the subject appeals in whole or in part, City Council direct the City Solicitor to request the  Local Planning Appeal Tribunal to withhold its Order approving the Official Plan and Zoning By-law Amendment until the  Local Planning Appeal Tribunal has been advised by the City Solicitor that the owner has entered into and has registered on title a Section 37 agreement under the Planning Act as follows:

a.  contribution of $279,545.00 consisting of $150,000 toward improvements to Corvette Park, with the balance divided equally toward renovations at the Albert Campbell District Branch library to enhance branch service capacity, and use by the City towards provision of a new non-profit child care facility or expansion of an existing non-profit child care facility within the vicinity of the subject site, prior to the issuance of the first above-grade building permit; this financial contribution amount shall be indexed upwardly from the date of the execution of the agreement in accordance with the Statistics Canada Non-Residential Construction Price Index for the Toronto Census Metropolitan Area; and

b.  in the event the cash contribution referred to in Part 2.a. above has not been used for the intended purposes within three (3) years of the amending By-laws coming into force and effect, the cash contribution may be redirected for another purpose, 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 (May 19, 2020) 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.  The balance of Confidential Attachment 1 to the report (May 19, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.