Item - 2018.CC36.8

City Council on January 31 and February 1, 2018, adopted the following:

1.  City Council adopt the confidential recommendations in Confidential Attachment 1 to the report (January 19, 2018) from the City Solicitor, as amended by the confidential recommendations attached to motion 1 by Councillor Wong-Tam.

2.  City Council authorize the public release of the confidential recommendations in Confidential Attachment 1 and Confidential Appendix A to the report (January 19, 2018) from the City Solicitor, as amended by the confidential recommendations attached to motion 1 by Councillor Wong-Tam.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (January 19, 2018) from the City Solicitor remain confidential as it contains advice that is subject to solicitor-client privilege.

The confidential recommendations in Confidential Attachment 1 to the report (January 19, 2018) from the City Solicitor were adopted by City Council, as amended by the confidential recommendations attached to motion 1 by Councillor Wong-Tam and are now public, as follows:

1.  City Council authorize the City Solicitor, and other appropriate staff, to attend the Ontario Municipal Board hearing scheduled to commence March 12, 2018 in support of the Zoning by-law amendment application for 203 Jarvis Street, as revised and described in Appendix A, as amended to Confidential Attachment 1 to the report (January 19, 2018) from the City Solicitor, subject to the following conditions being addressed to the satisfaction of the City Solicitor:

a.  prior to the Board issuing its order:

i.  City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning, to finalize the elements of the settlement, including the zoning by-law amendment and any other related planning instruments and City Council authorize the City Solicitor, in consultation with the Chief Planner and Executive Director, City Planning to request that the Ontario Municipal Board to approve the development in accordance with same;

ii.  the owner shall enter into an agreement with the City of Toronto pursuant to Section 37 of the Planning Act, to be registered on title and to the satisfaction of the City Solicitor, which shall include the following benefits:

a. a cash contribution of $1,000,000, allocated as follows:

i. $400,000 for local area streetscape and park improvements;

ii. $‎300,000 for capital improvements in cultural, community and recreation city-owned facilities; and

iii. $300,000 to improve new or existing affordable housing;

b. a community benefits package/strategy that provides, as a minimum, using best efforts to the local hiring of construction workers and hotel workers; and 

c. the proposed hotel will provide union jobs and not function as a bed-and-breakfast establishment; 

iii.  the Functional Servicing Report shall be completed to the satisfaction of Executive Director of Engineering and Construction Services; and

iv.  the owner shall enter into a Limiting Distance Agreement, to be registered on title and to the satisfaction of the City Solicitor.

Confidential Appendix A, as amended to Confidential Attachment 1 to the report (January 19, 2018) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (January 19, 2018) from the City Solicitor remains confidential in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice that is subject to solicitor-client privilege.