Item - 2024.CC17.8

City Council on April 17 and 18, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (April 3, 2024) 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 report (April 3, 2024) from the City Solicitor at the discretion of the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege.

May 9, 2024

The confidential instructions to staff in Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor were adopted by City Council and have been made public, the City Solicitor having exercised the City Solicitor's discretion to make them public, as follows:

1. City Council accept the without prejudice offer to settle dated February 13, 2024 set out in Confidential Appendix A to the report (April 3, 2024) from the City Solicitor and the Architectural Plans set out in Confidential Appendix B to the report (April 3, 2024) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. In the event that the Ontario Land Tribunal allows the appeals in whole or in part, City Council authorize the City Solicitor to request that the issuance of any final Orders be withheld until such time as the City Solicitor advises that:

a. the final form and content of the draft Zoning By-law is to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the applicant has provided confirmation of water, sanitary and stormwater capacity to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, or the Chief Engineer and Executive Director, Engineering and Construction Services has determined that holding provisions are required in the Zoning By-law Amendment;

c. the applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Zoning by-law Amendment application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and

d. City Council has dealt with the Rental Housing Demolition Application 21 239181 STE 12 RH under Chapter 667 of the Toronto Municipal Code to demolish 8 existing residential rental dwelling units at 1196-1210 Yonge Street and 2-8 Birch Avenue.

3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendices A and B to the report (April 3, 2024) 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 report (April 3, 2024) from the City Solicitor remains confidential at this time, in accordance with the provisions of the City of Toronto Act, 2006, as it pertains to litigation before the Ontario Land Tribunal and contains advice or communications that are subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (April 3, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.