Item - 2018.NY31.39

City Council on June 26, 27, 28 and 29, 2018, adopted the following:

1. City Council adopt the confidential instructions to staff in the confidential transmittal (June 6, 2018) from North York Community Council.

2. City Council authorize the public release of the confidential instructions to staff in the confidential transmittal (June 6, 2018) from North York Community Council.

3. City Council direct that Confidential Attachment 1 to the report (May 11, 2018) 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 the confidential transmittal (June 6, 2018) from North York Community Council were adopted by City Council and are now public, as follows:

1. City Council direct the City Solicitor and appropriate staff to attend the Local Planning Appeal Tribunal hearing to oppose the revised proposal for 14-16 Elvina Gardens, 197 and 197R Erskine Avenue as contained in the With Prejudice settlement offer, and to retain external consultants as necessary. 

2. In the event the Local Planning Appeal Tribunal approves the Zoning By-law Amendment application, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order(s) on the Zoning By-law Amendment until such time as:

a. the Local Planning Appeal Tribunal has been advised by the City Solicitor that the Zoning By-law Amendments are in a form satisfactory to the City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the applicant addresses all of the outstanding comments and requirements within the Engineering and Construction Services memo, dated February 3, 2017, to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the applicant designs, provides financial securities for, and enters into any agreements to complete the work prior to first above grade building permit as required by the City to secure any upgrades or required improvements to the existing municipal infrastructure identified in the reports required as per condition 2.b. above to support the development, all to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Transportation Services; and

d. the Local Planning Appeal Tribunal is advised by the City Solicitor that the owner has submitted a site plan control application and the City has issued Notice of Approval Conditions.

Confidential Attachment 1 to the report (May 11, 2018) from the City Solicitor remains confidential in its entirety 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. Confidential Attachment 1 to the report (May 11, 2018) from the City Solicitor will be made public at the discretion of the City Solicitor.