Item - 2024.CC23.11

City Council on November 13 and 14, 2024, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (October 31, 2024) from the City Solicitor.

3. City Council direct that the balance of Confidential Attachment 1 to the report (October 31, 2024) 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 (October 31, 2024) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the with prejudice offer dated October 15, 2024 set out in Public Attachment 1 to the report (October 31, 2024) from the City Solicitor (the "Revised Settlement Offer") and direct the City Solicitor to attend at the Ontario Land Tribunal in support of the revised proposed settlement.

2. City Council authorize the City Solicitor to request the Ontario Land Tribunal to withhold its Order subject to the following conditions:

a. the amending by-law is finalized, in a form and content acceptable to the City Solicitor and Executive Director, Development Review, in a manner that implements the proposed development;

b. the applicant has submitted a Traffic Impact Study and Transportation Demand Management Plan to the satisfaction of the General Manager, Transportation Services and the Program Manager, District Transportation Planning Unit, Scarborough District;

c. the applicant has addressed comments raised in the March 29, 2022 memorandum from the Toronto Transit Commission, to the satisfaction of the Toronto Transit Commission;

d. the applicant has included, in the site specific by-law, a requirement to provide space within the development for installation of maintenance access holes and sampling ports on the private side of the property, as close to the property line as possible, for both the storm and sanitary service connections, in accordance with the Sewers By-law Chapter 681;

e. the applicant has submitted to the Chief Engineer and Executive Director, Engineering and Construction Services for review and acceptance, a Site Servicing Review to determine the storm water runoff, sanitary flow and water supply demand resulting from this development and demonstrate how this site can be serviced and whether the existing municipal infrastructure is adequate;

f. the applicant has entered into a financially secured Development Agreement for the construction of any improvements to the municipal infrastructure, should it be determined that upgrades are required to the infrastructure to support this development, according to the Site Servicing Review accepted by the Chief Engineer and Executive Director, Engineering and Construction Services; and

g. the applicant has submitted revised plans/reports/documentation with respect to Parts 2.b., 2.d., 2.e., and 2.f. above, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

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

The balance of Confidential Attachment 1 to the report (October 31, 2024) 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 report (October 31, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.