Item - 2023.MM11.32

City Council on October 11 and 12, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachments 1 and 2 to the report (October 11, 2023) from the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 11, 2023) from the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the City Solicitor, and City Council direct that the balance of Confidential Attachment 1 remain confidential as it pertains to potential litigation that affects the City of Toronto, and contains advice or communications that are subject to solicitor-client privilege.

3. City Council direct that Confidential Attachment 2 to the report (October 11, 2023) from the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the City Solicitor remain confidential in its entirety, as it pertains to litigation, contains advice which is subject to solicitor-client privilege, concerns the security of property belonging to the City, and/or a proposed or pending acquisition or disposition of land by the City.

4. City Council direct the General Manager, Economic Development and Culture to report back to the Economic Development and Culture Committee in the fourth quarter of 2023 regarding the status of both interim and long-term efforts to preserve the facilities and services established by Artscape, and the use of any delegated authorities sought in the report (October 11, 2023) from the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the City Solicitor.

The confidential instructions to staff in Confidential Attachment 1 to the report (October 11, 2023) from the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the City Solicitor were adopted by City Council and are now public as follows:

1. City Council direct the City Solicitor to participate in the pending receivership proceeding against Artscape with a view to protecting City's property and interests in affordable housing and affordable not for profit community arts and culture space, and that such authority include the authority to settle or take further steps in the legal proceeding when it is concluded that it is reasonable to do so, to appeal any decision if warranted, to otherwise deal with the matter in consultation with the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, and the Executive Director, Corporate Real Estate Management, and to execute documents in furtherance of the above.

The balance of Confidential Attachment 1 to the report (October 11, 2023) from the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it is about potential litigation that affects the City of Toronto, and contains advice or communications that are subject to solicitor-client privilege.

Confidential Attachment 2 to the report (October 11, 2023) from the General Manager, Economic Development and Culture, the Executive Director, Housing Secretariat, the Executive Director, Corporate Real Estate Management, and the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation, contains advice that is subject to solicitor-client privilege, concerns the security of property belonging to the City, and/or a proposed or pending acquisition or disposition of land by the City.