Item - 2022.CC39.2

City Council on February 2 and 3, 2022, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor.

2. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor.

3. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (January 25, 2022) from the City Solicitor.

4. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor.

5. City Council direct that the balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor remain confidential as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice or communications that are subject to solicitor-client privilege.

6. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) 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 (January 25, 2022) from the City Solicitor and the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor were adopted by City Council and are now public as follows: 

1.  City Council refuse the December 9, 2021 without prejudice settlement offer from G. Gagliano Properties Ltd./Benton Property Corp. to settle site specific Appeal No. 92 (regarding 1235-1255 Lawrence Avenue West and 3-23 Benton Road) to Official Plan Amendment 231 as set out in Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor.

2.  City Council authorize the City Solicitor and necessary staff to enter into further settlement discussions with the Appellant to consider an introduction of some residential uses on the north part of the Lands as part of the settlement of the appeal, provided that a comprehensive land use approach, including public engagement, can be applied to the south east quadrant of Lawrence Avenue West and Keele Street (approximately 10 hectares) to ensure that employment GFA can be secured on the Lands along with other necessary complete community components.

3.  In order to implement the direction set out in Part 2 above,  City Council direct City staff, upon receipt of a complete Zoning Amendment application from the Appellant to expedite review of the application and bring forward a report at the earliest opportunity.

4. City Council authorize the City Solicitor to take all necessary steps to bring resolution to the matter in accordance with Part 2 above, in consultation with the Chief Planner and Executive Director City Planning.

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (January 25, 2022) from the City Solicitor remain confidential in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and they contain advice or communications that are subject to solicitor-client privilege.

The balance of Confidential Attachment 1 to the supplementary report (January 31, 2022) from the City Solicitor remains confidential  at this time in accordance with the provisions with 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 (January 31, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.