Item - 2016.TE16.9

City Council on June 7, 8 and 9, 2016, adopted the following:

1.  City Council direct the City Solicitor to request the Ontario Municipal Board to defer the hearing on the referral of the Site Plan Control application for 300 Commissioners Street until such time as the second phase of the Port Lands Acceleration Initiative, which includes the Port Lands and South of Eastern Transportation and Servicing Master Plan Environmental Assessment, has been reported to City Council and endorsed by City Council, as the application and its referral to the Ontario Municipal Board are considered premature at this time.

2.  If the Ontario Municipal Board does not defer the hearing, City Council direct the City Solicitor, together with City Planning staff and other appropriate staff, to attend the Ontario Municipal Board hearing to oppose the Site Plan Control application for development at 300 Commissioners Street in its current form.

3.  Should the Ontario Municipal Board approve the application, City Council authorize the City Solicitor to request the Ontario Municipal Board to withhold its Order(s) approving the application until such time as a full, complete resubmission of the application is made and circulated to relevant divisions and agencies and all revisions and identified pre-approval conditions through the circulation process have been met for the Site Plan Control application.

4.  City Council authorize the City Solicitor and appropriate City staff to continue discussions with the applicant to address the issues outlined in the report (April 21, 2016) from the Director, Community Planning, Toronto and East York District and to enter into formal mediation with the applicant and the Ontario Municipal Board at the discretion of the City Solicitor.

5.  City Council adopt the confidential recommendations contained in Confidential Attachment 1 to the supplementary report (June 7, 2016) from the Interim City Solicitor.

6.  City Council direct that the confidential recommendations contained in Confidential Attachment 1, including Appendix A, to the supplementary report (June 7, 2016) from the Interim City Solicitor be made public at the discretion of the City Solicitor and City Council direct that the balance of Confidential Attachment 1 to the supplementary report (June 7, 2016) from the Interim City Solicitor remain confidential.

7.  City Council adopt the confidential instructions to staff attached to motion 1b by Councillor Fletcher, such instructions to remain confidential at the discretion of the City Solicitor.

Confidential Attachment 1, including Appendix A, to the supplementary report (June 7, 2016) from the Interim City Solicitor remains confidential in its entirety at this time in accordance with the provision of the City of Toronto Act, 2006, as it pertains to litigation or potential litigation that affects the City or one of its agencies, board and commissions, and it contains advice or communications that are subject to solicitor-client privilege.  The confidential recommendations contained in the Confidential Attachment 1, including Appendix A, to the supplementary report (June 7, 2016) from the Interim City Solicitor will be made public at the discretion of the City Solicitor. The confidential instructions to staff in motion 1b by Councillor Fletcher remain confidential at the discretion of the City Solicitor.