Item - 2023.CC12.4

City Council on November 8 and 9, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 3, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendices A and B to the supplementary report (November 3, 2023) from the City Solicitor, at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the supplementary report (November 3, 2023) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it contains advice that is subject to solicitor-client privilege.

November 23, 2023

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 3, 2023) from the City Solicitor were adopted by City Council, and the following confidential instructions to staff have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public:

1. City Council direct the City Solicitor and other appropriate staff to attend the Ontario Land Tribunal in support of the revisions to the King Spadina Heritage Conservation District and King-Spadina Heritage Conservation District Plan (the "King-Spadina HCD") as set out in and substantially in accordance with Confidential Appendix A to the supplementary report (November 3, 2023) from the City Solicitor.

2. City Council authorize the City Solicitor to make such stylistic and technical changes to the proposed revisions to the King-Spadina HCD contained in Confidential Appendix A to the Supplementary Report (November 3, 2023) from the City Solicitor, as deemed necessary by and at the sole discretion of the City Solicitor in consultation with the Chief Planner and Executive Director, City Planning and the Senior Manager, Heritage Planning, and ensure that such stylistic and technical changes are reflected within the King-Spadina HCD Plan’s policies, guidelines, schedules, appendices and maps.

3. City Council continue to authorize the City Solicitor and Senior Manager, Heritage Planning, in consultation with the Chief Planner and Executive Director, City Planning, to finalize an appendix to the King-Spadina HCD to recognize development applications approved prior to the date of disposition of the matter by the Ontario Land Tribunal for transition purposes as outlined in Appendix F of Confidential Appendix A to the supplementary report (November 3, 2023) from the City Solicitor.

4. City Council direct the City Solicitor and appropriate staff to oppose the remaining modifications to the King-Spadina HCD submitted by the Appellants on October 13, 2023 before the Ontario Land Tribunal that are not otherwise endorsed by Council in Part 1 above.

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

Confidential Appendices A and B to the supplementary report (November 3, 2023) from the City Solicitor are now public, the City Solicitor having exercised the City Solicitor's discretion to make them public, and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the supplementary report (November 3, 2023) from the City Solicitor, including the balance of the confidential instructions to staff adopted by City Council, 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 (November 3, 2023) from the City Solicitor. including the balance of the confidential instructions to staff adopted by City Council, will be made public at the discretion of the City Solicitor.

January 26, 2024

The balance of the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (November 3, 2023) from the City Solicitor adopted by City Council has been made public, the City Solicitor having exercised the City Solicitor's discretion to make it public, as follows:

1.  City Council authorize the City Solicitor to continue negotiations with other appellants to the King-Spadina HCD and authorize the City Solicitor, in consultation with the Senior Manager, Heritage Planning and the Chief Planner and Executive Director, City Planning to make such further changes required to implement a negotiated settlement, if, in the opinion of the City Solicitor, it would resolve one or more appeals in their entirety.

The balance of Confidential Attachment 1 to the supplementary report (November 3, 2023) 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 (November 3, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.