Item - 2022.CC42.6

City Council on April 6 and 7, 2022 adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (March 28, 2022) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (March 28, 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 and litigation privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor, were adopted by City Council and are now public as follows:

1. City Council accept the "without prejudice" settlement offer described in Confidential Attachment 1 and Confidential Appendix A (the "Settlement Offer") to the report (March 28, 2022) from the City Solicitor and subject to the Parts below.

2. City Council authorize the City Solicitor and appropriate City staff to attend the Ontario Land Tribunal with respect to the Official Plan Amendment and Zoning By-law Amendment appeal for 386-394 Symington Avenue, 405 Perth Avenue and 17 Kingsley Avenue (the "Site") in support of the minor revisions made to the proposed development in the Settlement Offer.

3. City Council authorize the City Solicitor to include the revised parking supply, the revised timing for completion of infrastructure improvements, the revised Section 37 implementation matters, and the revised Section 37 contribution amount, as set out in the Settlement Offer, in the Zoning By-laws to be submitted to the Ontario Land Tribunal, with the final form and content of the Zoning By-laws to the satisfaction of the Chief Planner and Executive Director, City Planning and the City Solicitor.

4.  City Council authorize the City Solicitor and other City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendix A to the report (March 28, 2022) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (March 28, 2022) 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 litigation privilege.  The balance of Confidential Attachment 1 to the report (March 28, 2022) from the City Solicitor will be made public at the discretion of the City Solicitor.