Item - 2020.CC22.1

Tracking Status

  • City Council adopted this item on June 29, 2020 with amendments.

CC22.1 - 2706 Bayview Avenue - Request for Directions Regarding Local Planning Appeal Tribunal Hearing

Decision Type:
ACTION
Status:
Amended
Ward:
15 - Don Valley West

City Council Decision

City Council on June 29 and 30, 2020 adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor.

 

2.  City Council authorize the public release of:

 

a.  the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor; and

 

b. Appendices A, B and C to Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the supplementary report (June 18, 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.

 

4. City Council direct that Confidential Attachment 1 and Confidential Appendices A, B and C to Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential in their entirety as they contain advice that is subject to solicitor-client privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor were adopted by City Council and are now public, as follows:

 

1.  City Council accept the Revised Without Prejudice Settlement Offer from Aird & Berlis dated March 18, 2020 in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor and further detailed in Confidential Appendices B and C to Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor.

 

2.  City Council instruct the City Solicitor and appropriate City staff to attend at the Local Planning Appeal Tribunal  in support of the revised proposal described in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor and further detailed in Confidential Appendices B and C to Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor.

 

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

 

a.  the proposed Zoning By-law Amendments are finalized to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor;

 

b.  the owner has provided a revised complete submission of plans, drawings and studies for the Site Plan Control application to the satisfaction of the Chief Planner and Executive Director, City Planning; and

 

c.  the owner has provided revised plans, drawings and studies to reflect the outstanding requirements outlined in the Engineering and Construction Services memo of May 27, 2019, all to the satisfaction of the Chief Planner and Executive Director, City Planning and the Chief Engineer and Executive Director, Engineering and Construction Services.

 

4.  City Council authorize the City Solicitor and any other City staff to take such actions as necessary to give effect to City Council's decision.

 

Confidential Appendices A, B and C to Confidential Attachment 1 to the supplementary report (June 18, 2020) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the supplementary report (June 18, 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 supplementary report (June 18, 2020) from the City Solicitor will be made public at the discretion of the City Solicitor.

 

Confidential Attachment 1 and Confidential Appendices A, B and C to Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential in their entirety in accordance with the provisions of the City of Toronto Act, 2006 as they contain advice that is subject to solicitor-client privilege.

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

Background Information (City Council)

(November 19, 2019) Report from the City Solicitor on 2706 Bayview Avenue - Request for Directions Regarding Local Planning Appeal Tribunal Hearing (CC22.1)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-147771.pdf
Confidential Attachment 1
Confidential Appendix A
Confidential Appendix B
Confidential Appendix C
(June 18, 2020) Supplementary report from the City Solicitor on 2706 Bayview Avenue - Request for Directions Regarding Local Planning Appeal Tribunal Hearing (CC22.1a)
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-148097.pdf
Confidential Attachment 1
Confidential Appendix A - made public on July 7, 2020
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-148222.pdf
Confidential Appendix B - made public on July 7, 2020
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-148223.pdf
Confidential Appendix C - made public on July 7, 2020
https://www.toronto.ca/legdocs/mmis/2020/cc/bgrd/backgroundfile-148224.pdf

Motions (City Council)

Motion to Reconsider Item moved by Councillor James Pasternak (Carried)

That in accordance with the provisions of Chapter 27, Council Procedures, City Council reconsider Item CC22.1.


1 - Motion to Adopt Item as Amended moved by Councillor James Pasternak (Carried)

That:

 

1. City Council delete the recommendations and adopt instead the following recommendations in the supplementary report (June 18, 2020) from the City Solicitor [CC22.1a]:

 

1.  City Council adopt the recommendations contained in the Confidential Attachment 1 to this report.

 

2.  If the confidential instructions in Confidential Attachment 1 are adopted, City Council authorize the public release of:

 

a.  the recommendations contained in Confidential Attachment 1; and

 

b.  Appendices "A", "B" and "C" to Confidential Attachment 1.

 

3.  City Council direct that all other information contained in Confidential Attachment 1 is to remain confidential at the discretion of the City Solicitor, as it contains advice which is subject to solicitor-client privilege.

 

2.  City Council direct that Confidential Attachment 1 and Confidential Appendices A, B and C to Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential in their entirety as they contain advice that is subject to solicitor-client privilege.

Source: Toronto City Clerk at www.toronto.ca/council