Decisions

CALL TO ORDER – 9:34 a.m.

Speaker Nunziata took the Chair and called the Members to order.

The meeting opened with O Canada.

October 24, 2011

Members of Council observed a moment of silence and remembered the following persons who passed away:

Kenneth Hence and John Doe

Obdulio (Chico) Mineque

Leonard Preskett

Dianne Woolley

Dr. Robert Buckman

Alexandra Wojciechowski-Dodger.

October 25, 2011

Members of Council observed a moment of silence and remembered the following persons who passed away:

            Chung Kwong Joseph Lo.

City Council on October 24 and 25, 2011 received the following petitions for information:

a.         (October 17, 2011) petition submitted by Councillor Chin Lee, Ward 41 – Scarborough-Rouge River, containing names of approximately 424 persons, respecting a telecommunications tower at 4235 Sheppard Avenue East.

b.         (October 25, 2011) petition submitted by Councillor Glenn de Baeremaeker, Ward 38 - Scarborough Centre, containing names of approximately 3,000 persons, respecting the banning of shark fins in Toronto.

c.         (October 25, 2011) petition submitted by Councillor Kristyn Wong-Tam, Ward 27 – Toronto Centre-Rosedale, containing names of approximately 4,000 persons, respecting the banning of shark fins in Toronto.

d.         (October 25, 2011) petition submitted by Councillor Sarah Doucette, Ward 13 – Parkdale-High Park, containing names of approximately 3,000 persons, respecting the banning of shark fins in Toronto.

e.         (October 25, 2011) petition submitted by Councillor Gloria Lindsay Luby, Ward 4 – Etobicoke Centre, containing names of approximately 3,000 persons, respecting the banning of shark fins in Toronto.

f.          (October 25, 2011) petition submitted by Councillor Josh Matlow, Ward 22 – St. Paul's, containing names of approximately 3,000 persons, respecting the banning of shark fins in Toronto.

City Council on October 24 and 25, 2011, deferred consideration of Item TE9.11 to the next regular City Council meeting on November 29 and 30, 2011.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council waive the requirement under section 11(d) of By-law 1257-2009 , due to information contained in Confidential Attachments 1 and 2 of the report (September 19, 2011) from the City Clerk, in order to permit the contributors to George Babula's mayoralty campaign in the 2010 municipal election to receive their contribution rebates.

2.         City Council direct that the information contained in Confidential Attachments 1 and 2 of the report (September 19, 2011) from the City Clerk, remain confidential following any Council decision as the information deals with personal matters about an identifiable individual.

Confidential Attachments 1 and 2 of the report (September 19, 2011) from the City Clerk, remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as the information deals with personal matters about an identifiable individual.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council enact the draft by-law from the City Solicitor to name the public street located west of Bastion Street extending between Fleet Street and Fort York Boulevard as "Gzowski Boulevard", described as follows:

            PIN 21418-0091 (LT)

            PT BLK D PL D1444 TORONTO; PT WATER LT IN FRONT OF THE

            PL ORDNANCE RESERVE TORONTO PT 9 64R14948

            PIN 21418-0223 (LT)

            PT OF THE WATER LT FRONTING THE ORDNANCE RESERVE

            DESIGNATED AS PT 2 66R24408

            City of Toronto Province of Ontario

            Land Titles Division of the Toronto Registry Office (No. 66)

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council amend Zoning By-law 438-86, as amended, for the lands at 8-14 Gladstone Avenue substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 9 to the report dated August 23, 2011, from the Director, Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council amend the Official Plan for the lands at 407 Huron Street substantially in accordance with the draft Official Plan Amendment attached as Attachment No. 11 to the report dated September 15, 2011, from the Director, Community Planning, Toronto and East York District.

2.         City Council amend Zoning By-law 438-86 for the lands at 407 Huron Street substantially in accordance with the draft Zoning By-law Amendment, attached as Attachment No. 12 to the report dated September 15, 2011, from the Director, Community Planning, Toronto and East York District.

3.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Official Plan Amendment and draft Zoning By-law Amendment as may be required.

4.         Before introducing the necessary Bills to City Council for enactment, City Council authorize the appropriate City staff and require the owner to enter into an agreement or agreements pursuant to Section 37 of the Planning Act, to the satisfaction of the Chief Planner and Executive Director, City Planning Division, the Manager of Heritage Preservation Services (the Manager) and the City Solicitor and to register such agreement to the satisfaction of the City Solicitor, to secure the following facilities, services and matters to be provided by the owner, at its expense, to the City:

a.         the owner shall prepare a detailed Conservation Plan for the conservation work described in the November 26, 2010 Heritage Impact Assessment prepared by ERA Architects Inc.;

b.         the owner shall provide final site plan drawings consistent with the detailed Conservation Plan approved by the Manager;

c.         the owner shall provide a letter of credit in a form and an amount and from a bank satisfactory to the Chief Planner to secure the required restoration work,

to the satisfaction of the Manager prior to the issuance of final site plan approval and prior to the issuance of any permit; and

d.         the owner shall carry out, complete and maintain the heritage conservation work set forth in the approved Conservation Plan and construct the addition permitted herein subject to and in accordance with the approved Conservation Plan.

5.         City Council authorize City officials to take all necessary steps to give effect to the above-noted recommendations.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council amend Zoning By-law 438-86, for the lands at 9-21 Grenville Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 6, to the report dated September 15, 2011, from the Director of Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director of City Planning, to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required to give effect to the intent of the recommendations in the report dated September 15, 2011, from the Director of Community Planning, Toronto and East York District.

3.         Before introducing the necessary Bills, City Council require the owner receive approval from City Council under Section 34 of the Ontario Heritage Act.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the owner of the lands at 9-21 Grenville Street to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

a.         Prior to the issuance of the first above-grade permit, pay to the City the sum of $1,800,000 consisting of $930,000 towards Yonge Street streetscaping improvements, $500,000 towards the upgrade of St. Luke Lane and $350,000 towards widening the sidewalks on Grenville Street and Wood Street, $20,000 towards LOFT Community Services for building improvements.

b.         Require that the cash amounts identified in a. above shall be indexed annually in accordance with the Non-Residential Construction Price Index for the Toronto CMA, reported quarterly by statistics Canada in Construction Price Statistics Publication No. 62-007-XPB, or its successor, calculated from the date of execution of the Section 37 Agreement to the date of submission of the funds by the owner to the City.

c.         A public art contribution in accordance with the Percent for Public Art Program for a value not less than one percent of the gross construction cost.

The following matters are also recommended to be secured in the Section 37 Agreement as a legal convenience to support the development.

d.         The owner shall pay for and construct any improvements to the municipal infrastructure in connection with the Functional Servicing Report, as reviewed and accepted by the Executive Director of Technical Services, should it be determined that improvements to such infrastructure are required to support the development.

e.         The implementation of any wind mitigation measures required by the applicant’s wind study, satisfactory to the Chief Planner and Executive Director, City Planning Division, to be submitted as part of a revised application for Site Plan Approval.

f.          Prior to final site plan approval the owner shall:

1.         In the event that deeply buried archaeological remains are encountered on the property during construction activities, the Heritage Operations Unit of the Ministry of Tourism and Culture be notified immediately at (416) 314-7146 as well as the City of Toronto, Heritage Preservation Services Unit (416) 338-1096.

2.         In the event that human remains are encountered during construction, the proponent should immediately contact both the Ministry of Tourism and Culture, and the Registrar or Deputy Registrar of Cemeteries at the Cemeteries Regulation Unit, Ministry of Government Services, (416) 326-8393.

3.         Provide and maintain an irrigation system, at the applicant’s expense, for proposed trees within the public road allowances including an automatic timer, designed to be water efficient by a Certified Landscape Irrigation Auditor (CLIA) and constructed with a back flow preventer to the satisfaction of the Executive Director, Technical Services Division, and requirement to maintain in good order and operation.

4.         Enter into a Site Plan Agreement to the satisfaction of the Chief Planner and Executive Director of City Planning, under Section 114 of the City of Toronto Act, 2006.

5.         Submit a stormwater management report, a site servicing plan and site grading, drainage and landscape plans.

6.         Provide plans that show continuous weather protection with a minimum depth of 3 metres along Grenville Street for newly constructed.

7.         Convey to the City a 0.3 metre wide strip of land across the entire length of the property abutting St. Luke Lane.

8.         The owner shall provide a minimum of ten percent (10%) of the residential units in the building having at least three bedrooms.

5.         City Council authorize City officials to take all necessary steps, including the execution of agreements and documents, to give effect to Council's decision.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council consent to the removal of the designated property at 21 Grenville Street under Section 34 of the Ontario Heritage Act in accordance with the Heritage Impact Assessment and Heritage Relocation Plan submitted by ERA Architects Inc. dated July 15, 2011, subject to the following terms and conditions:

a.         Prior to the introduction of Bills in Council for the re-zoning of the subject property, the owner shall:

i.          enter into and register a Heritage Easement Agreement with the City for the heritage property located at 21 Grenville Street to the satisfaction of the Manager of Heritage Preservation Services and the City Solicitor; and

ii.         provide a detailed Conservation Plan, satisfactory to the Manager of Heritage Preservation Services, prepared by a qualified heritage consultant that:

-           contains a detailed condition assessment of the heritage building;

-           details the demolition of the rear addition, the proposed method of detaching the heritage building from 25 Grenville Street, detailed plans for the re-location of the building and the integration of the heritage building with the podium of the proposed new construction as well as the proposed exterior restoration of the building once the move has been completed;

-           includes a detailed cost estimate with descriptions and specifications for the work for the purpose of an indexed Letter of Credit to be secured within the Heritage Easement Agreement; and

iii.        agree that the above matters will be secured in the zoning by-law amendment and the section 37 agreement to be entered into pursuant to s.37 of the Planning Act in a manner satisfactory to the City Solicitor in consultation with the Manager of Heritage Preservation Services and as a legal convenience, such that all heritage requirements imposed by Council as part of any zoning approval are appropriately secured in the section 37 agreement.

b.         Prior to Site Plan Approval, the owner shall prepare and provide the following to the satisfaction of the Manager, Heritage Preservation Services:

i.          site plan drawings in accordance with the approved Conservation Plan;

ii.         a detailed Landscape Plan that supports the architectural style of the heritage building including reference to materials and finishes;

iii.        a Lighting Plan including building and site lighting;

iv.        an Interpretation Plan including interpretive elements regarding the property's heritage values, site history and archaeological resources as may be applicable, an implementation schedule and a budget; and

v.         a record of the as-found condition of the building including architectural drawings and photographs keyed to plans and elevations of all visible interiors and exteriors.

c.         Prior to the issuance of any heritage permit for the proposal, including a heritage permit related to demolition, shoring, excavation and rebuilding of any building or structure on the subject property:

i.          the owner shall have received final approval for the zoning amendment and final site plan approval; and

ii.         the owner shall provide a Letter of Credit, in a form and an amount satisfactory to the Chief Planner and Executive Director, City Planning Division, to secure all work including the implementation of the approved Conservation Plan, Lighting Plan, Landscape Plan and Interpretation Plan.

d.         Prior to the release of the Letter of Credit, the owner shall:

i.          implement the Conservation Plan, Lighting Plan, Landscape Plan and Interpretation Plan subject to the review and approval of the Manager of Heritage Preservation Services; and

ii.         provide a Letter of Substantial Completion signed by the project architect and heritage consultant to the satisfaction of the Manager, Heritage Preservation Services.

2.         City Council grant authority for the execution of a Heritage Easement Agreement to secure heritage matters related to 21 Grenville Street under section 37 of the Ontario Heritage Act and authorize the City Solicitor to introduce any necessary bill in Council.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council amend Zoning By-law 438-86 for the lands at 545-565 Sherbourne Street substantially in accordance with the draft Zoning By-law Amendment attached as Attachment No. 7 to report dated September 13, 2011, from the Director of Community Planning, Toronto and East York District.

2.         City Council authorize the City Solicitor to make such stylistic and technical changes to the draft Zoning By-law Amendment as may be required.

3.         Before introducing the necessary Bills to City Council for enactment, City Council require the Owner to enter into an Agreement pursuant to Section 37 of the Planning Act, to be registered on title, to the satisfaction of the City Solicitor, to secure the following:

a.         The community benefits recommended to be secured in the Section 37 Agreement is a financial contribution of $1,000,000 to be paid prior to the issuance of the first above-grade building permit for the development, with such amount to be indexed upwardly in accordance with the Statistics Canada Non-Residential Construction Price Index for Toronto, calculated from the date of the Section 37 Agreement to the date of payment and is to be paid as follows:

i.          $900,000 for the construction of a community pool at the Wellesley Community Centre; and

ii.         $100,000 for streetscape improvements on Bleecker Street or other public realm improvements as part of the future Community Improvement Plan for the St. James Town neighbourhood.

b.         In lieu of a 1 percent Public Art contribution, provide an extension of the current lease with Art City in St. James Town, or other appropriate on-site space that is affordable, at a below-market rent rate of $1,000.00 per month plus applicable HST, for a period of 10 years effective March 1, 2012 and with the ability to expand the premises in order to accommodate the increasing enrolment of children and youth in the future at a comparable below-market rental rate.  If Art City and the Owner are unable to come to an agreement, the Owner agrees that it will make a contribution equal to one percent (1%) of the Gross Construction Costs of the Development to the City in accordance with the Public Art program to the satisfaction of the Chief Planner.

            If, at any time, Art City no longer requires the leased premises, the Owner shall pay to the City any remaining balance of the 1 percent Public Art contribution and the City shall use that money for the purpose of a public art or cultural plan for the area.

c.         The following rental housing matters are also recommended to be secured in the Section 37 agreement to satisfy the Official Plan policies and support development:

i.          Securing of 1,107 existing rental housing units, excluding those to be demolished for a period of 20 years.

ii.         The provision and maintenance on the site of 11 new replacement rental housing units, in the new residential tower for a period of at least 20 years, comprising 7 one-bedroom units, 3 two-bedroom units and 1 three-bedroom unit which units shall generally be of the same type and size as the units proposed to be demolished and existing on the lot at the date of enactment of the by-law amendment, of which all shall have affordable rents, and tenant relocation assistance for tenants in the affected existing units in accordance with the terms as set forth in the draft by-law attached as Attachment 7 to the final zoning report from City Planning dated September 13, 2011.

iii.        A Construction Mitigation and Tenant Communication Strategy which the owner shall prepare, prior to the issuance of the first building permit (including demolition and/or excavation permit), to the satisfaction of the Chief Planner and Executive Director, City Planning.

iv.        Other needed improvements and renovations to the existing rental housing without pass through costs in rents to tenants, to the satisfaction of the Chief Planner and Executive Director, City Planning including improved security and access entry system throughout complex, better access and improvements to podium landscaped space, and programmed amenity rooms and amenity space.

4.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to enter into a Site Plan Agreement under Section 41(16) of the Planning Act and Section 114 of the City of Toronto Act to the satisfaction of the Chief Planner and Executive Director and the City Solicitor.

5.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to conduct testing by a qualified structural engineer, at the sole expense of the applicant, to verify the integrity of the underground garage under Earl Street, and to provide all necessary improvements and upgrades, at the sole expense of the applicant, to the satisfaction of the Executive Director, Development Engineering, Technical Services Division.

6.         Before introducing the necessary Bills to City Council for enactment, City Council require the applicant to prepare a strata reference plan of survey to illustrate the land occupied by the existing podium and the underground parking structure, at the sole expense of the applicant.

7.         City Council approve the application to demolish the 10 existing residential units located at 555 and 565 Sherbourne Street, pursuant to Municipal Code Chapters 667 and 363, subject to the following conditions under Chapter 667 which provide for the replacement of rental housing:

a.         the owner shall provide and maintain eleven (11) residential rental units on the subject site for a period of at least 20 years, comprising 7 one-bedroom units, 3 two-bedroom units and 1 three-bedroom unit, all of which shall have affordable rents;

b.         the owner shall provide tenant relocation assistance including the right to return to a replacement rental unit in the new residential tower for the eligible tenants to the satisfaction of the Chief Planner and Executive Director, City Planning Division and as further detailed in the draft by-law attached as Attachment 7 to the final rezoning report from City Planning dated September 13, 2011;

c.         the owner shall enter into and register one or more Section 111 Agreement(s) to secure the conditions outlined in a. and b. above and as described in the draft zoning by-law amendment (refer to Attachment 7: Draft Zoning By-law Amendment) to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning Division; and

d.         the owner shall register a Section 118 Restriction under the Land Titles Act (to the satisfaction of the City Solicitor) restricting the registration of a transfer or charge on title to those parts of the lands, comprising the 11 replacement rental units, without the written consent of the Chief Planner and Executive Director, City Planning Division or his designate, to assist with securing the Section 111 Agreement against future owners and encumbrances of the lands.

8.         City Council authorize the Chief Planner and Executive Director, City Planning Division to issue preliminary approval to the application under Municipal Code Chapter 667 after the satisfaction of the conditions in Part 7 above, and after the Zoning By-law amendment referred to in Part 1 above, have come into full force and effect.

9.         City Council authorize the Chief Building Official to issue a Section 111 permit under Municipal Code Chapter 667 after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval referred to in Part 8 above.

10.       City Council authorize the Chief Building Official to issue a permit under Section 33 of the Planning Act no earlier than issuance of the first building permit for the foundation of the development, and after the Chief Planner and Executive Director, City Planning Division has given the preliminary approval referred to in Part 8 above, which permit may be included in the demolition permit for Chapter 667 under 363-11.1, of the Municipal Code, on condition that:

a.         the owner erect the residential tower on site no later than five (5) years from the day demolition of the existing rental units to be demolished has commenced; and

b          should the owner fail to complete the new building within the time specified in condition a., the City Clerk shall be entitled to enter on the collector’s roll, to be collected in a like manner as municipal taxes, the sum of twenty thousand dollars ($20,000.00) for each dwelling unit for which a demolition permit is issued, and that each sum shall, until payment, be a lien or charge upon the land for which the demolition permit is issued.

11.       City Council authorize the appropriate City officials to take such actions as are necessary to implement Council's decision, including execution of the Section 37 and Section 111 Agreements.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council state its intention to partially repeal City of Toronto By-law 75-86 under Part IV, Section 29 of the Ontario Heritage Act, designating the property at 241 Spadina Avenue pursuant to the Ontario Heritage Act, to remove the reference to the property at 247 Spadina Avenue from the legal description.

2.         If there are no objections to the proposed partial repeal of By-law 75-86, City Council authorize the City Solicitor to introduce the necessary bill in Council partially repealing the by-law pursuant to Part 31 of the Ontario Heritage Act.

3.         If there are objections to the proposed partial repeal of By-law 75-86, City Council direct the City Clerk to refer the proposed repealing by-law to the Conservation Review Board for submission of a report to City Council for its final decision.

4.         If the partial repeal of By-law 75-86 is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the partial repeal of By-law 75-86.

5.         City Council amend By-law 75-86 under Section 30.1 of the Ontario Heritage Act to revise the Reasons for Designation to explain the cultural heritage value or interest of the property and describe its heritage attributes.

6.         If the owner does not object to the amending of By-law 75-86, City Council authorize the City Solicitor to introduce the necessary bill in Council amending By-law 76-85 pursuant to Part IV, Section 30.1 of the Ontario Heritage Act.

7.         Should the owner appeal the amending of By-law 75-86, City Council authorize the City Clerk to refer the proposed amendment to the Conservation Review Board for submission of a report to City Council for its final decision.

8.         If the amending of By-law 75-86 is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend at the Conservation Review Board in support of the proposed amending of By-law 75-86.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council include the property at 584 Church Street on the City of Toronto Inventory of Heritage Properties.

2.         City Council state its intention to designate the property at 584 Church Street (Catherine Collard House) under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

4.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

5.         If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council state its intention to designate the property at 230 Sherbourne Street (William Dineen House) under Part IV, Section 29 of the Ontario Heritage Act.

2.         If there are no objections to the designation in accordance with Section 29(6) of the Ontario Heritage Act, City Council authorize the City Solicitor to introduce the bills in Council designating the property under Part IV, Section 29 of the Ontario Heritage Act.

3.         If there are objections in accordance with Section 29(7) of the Ontario Heritage Act, City Council direct the City Clerk to refer the designation to the Conservation Review Board.

4.         If the designation is referred to the Conservation Review Board, City Council authorize the City Solicitor and appropriate staff to attend any hearing held by the Conservation Review Board in support of Council's decision on the designation of the property.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council approve the 56 Blue Jays Way - Public Art Plan attached to the report dated September 14, 2011, from the Director, Urban Design.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council approve implementation of a "No Standing Anytime" regulation on both sides of East Liberty Street, between Strachan Avenue and Western Battery Road.

2.         City Council adjust the "No Parking Except by Permit, 12:01 a.m. to 7:00 a.m." regulation on the north (even) side of East Liberty Street, from Strachan Avenue to Pirandello Street to apply from Western Battery Road to Pirandello Street.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council prohibit southbound right turns, from Woodbine Avenue to Columbine Avenue, Monday to Friday from 7:00 a.m. to 9:00 a.m.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council direct the City Clerk to advise the Registrar of the Alcohol and Gaming Commission of Ontario (“AGCO”) that the liquor licence application for Bar Buca at 75 Portland Street is not in the public interest having regard to the needs and wishes of the residents, and that the Registrar should issue a Proposal to Review the liquor licence application unless conditions are attached to the liquor licence.

2.         City Council request the AGCO and Licensing Appeal Tribunal ("LAT") to provide the City with an opportunity to participate in any proceedings with respect to the Premises.

3.         City Council authorize the City Solicitor to attend all proceedings before the LAT in this matter and be directed to take all necessary actions so as to give effect to this motion, including negotiating and recommending, in consultation with the Ward Councillor, the addition of conditions to any liquor licence issued for the Premises.

City Council on October 24 and 25, 2011, adopted the following:

1.         City Council receive the report (October 21, 2011) from the City Solicitor.

2.         City Council direct that the Confidential Attachment to the report (October 21, 2011) from the City Solicitor remain confidential.

3.         City Council adopt the confidential instructions contained in the Confidential Attachment to the motion by Councillor Mihevc.

4.         City Council authorize the public release of the Confidential instructions adopted by City Council at the end of the meeting.

The following instructions have been adopted by City Council and are now public:

1.         City Council direct the City Solicitor to work toward a settlement that is more consistent with good planning principles.

2.         If an acceptable solution cannot be achieved, City Council direct the City Solicitor and an outside planning consultant to continue to oppose the variances.

Confidential Attachment 1 to the report (October 21, 2011) from the City Solicitor remains confidential in its entirety in accordance with the provisions of the City of Toronto Act, 2006, as it is about litigation or potential litigation that affects the City or one of its agencies, boards, and commissions, and contains advice or communications that are subject to solicitor-client privilege.

City Council on October 24 and 25, 2011, adopted the following:

City Council direct the Board of Management of the Toronto Zoo as follows:

1.         Toronto Zoo staff make the necessary arrangements with the Performing Animals Welfare Society (PAWS) sanctuary to physically transfer the 3 elephants, Iringa, Toka and Thika to its facility in California and to transfer legal ownership to PAWS as soon as arrangements can be made by PAWS to safely transport the elephants and permits can be obtained.

2.         Toronto Zoo staff work with the PAWS sanctuary on transport and permit arrangements, with the PAWS sanctuary to have the primary responsibility for the safe and humane transport of the elephants to their facility in California, at their cost, while complying with all applicable laws and standards.

3.         Parts 1 and 2 above be subject to the legal and financial commitments of PAWS and ZooCheck with respect to their contribution to the costs of the transfers being appropriately documented, to the satisfaction of the City Solicitor and the City Manager.

4.         Toronto Zoo staff report to the Board of Management of the Toronto Zoo on the cost savings achieved in Zoo operations once the elephant transfer has been effected, and that the Board reduce its future operating budget by a corresponding amount.