Item - 2024.CC23.13

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 Motion 1 by Councillor Dianne Saxe.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Dianne Saxe.

3. City Council direct that Confidential Attachment 1 and Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and contain advice or communications that are subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to Motion 1 by Councillor Dianne Saxe were adopted by City Council and are now public as follows:

1. City Council refuse the without prejudice offer to settle dated October 23, 2024, set out in Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor (the "Settlement Offer").

2. City Council direct the City Solicitor to attend the Ontario Land Tribunal hearing on this matter in opposition to the proposed development either as proposed in the Settlement Offer, or as proposed in the June 2024 Revised Plans, and to retain outside consultants as necessary.

3. In the event the appeals are allowed in whole or in part, City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the final form and content of the Official Plan and Zoning By-law Amendments are to the satisfaction of the Executive Director, Development Review, and the City Solicitor; and

b. the Owner has addressed outstanding issues in relation to site servicing as contained in the Engineering and Construction Services Memorandum dated December 31, 2021, and has submitted a Functional Servicing and Stormwater Management Report, Hydrogeological and Geotechnical Reports, and any other related engineering reports and drawings, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, and has agreed that the design and implementation of municipal infrastructure will be at the owner’s sole cost and expense for any upgrades or improvements to City infrastructure identified in the approved Functional Servicing and Stormwater Management, Hydrogeological and/or Geotechnical Reports, with such improvements being secured to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services.

4. In the event the appeals are allowed in whole or in part, City Council direct the City Solicitor and appropriate City staff, in consultation with the Ward Councillor, to explore the feasibility of providing an in-kind contribution in the development, pursuant to Section 37(6) of the Planning Act, and to report back to City Council on the outcome of any proposed agreement for an in-kind contribution.

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

Confidential Attachment 1 and Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they pertain to litigation or potential litigation that affects the City or one of its agencies or corporations and contain advice or communications that are subject to solicitor-client privilege. Confidential Attachment 1 and Confidential Appendix A to the revised report (November 12, 2024) from the City Solicitor will be made public at the discretion of the City Solicitor.