Item - 2019.CC12.5

City Council on November 26 and 27, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Bailão.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1, as amended, and Confidential Appendices A and B to the report (November 19, 2019) from the City Solicitor and Confidential Appendix C to motion 1 by Councillor Bailão.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remain confidential at the discretion of the City Solicitor as it contains advice and information that is subject to solicitor-client privilege.

The confidential instructions to staff in Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor, as amended by motion 1 by Councillor Bailao, were adopted by City Council and are now public, as follows:

1.  City Council accept the "without prejudice" Settlement Offer as described in Confidential Appendices A and B to the report (November 19, 2019) from the City Solicitor and Confidential Appendix C attached to motion 1 by Councillor Bailão, subject to Parts 2 to 5 below.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal hearing on this matter in support of the Settlement Offer.

3.  City Council instruct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its Order on the Zoning By-law Amendment until such time as the Local Planning Appeal Tribunal has been advised by the City Solicitor that:

a.  the proposed Zoning By-law Amendment is in a final form satisfactory to the Chief Planner and Executive Director, City Planning, and the City Solicitor;

b.  the owner has submitted a revised Functional Servicing Report, including confirmation of water and fire flow, sanitary and storm water capacity, Storm Water Management Report and Hydro-geological Report (the "Engineering Reports") to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services, in consultation with the General Manager, Toronto Water;

c.  the implementation of the Engineering Reports that are accepted by the Chief Engineer and Executive Director, Engineering and Construction Services either does not require changes to the proposed amending By-law or any such required changes have been made to the proposed amending By-law to the satisfaction of the Chief Planner and Executive Director, City Planning, the City Solicitor and the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  City Council has authorized the Rental Housing Demolition application under Chapter 667 of the Municipal Code pursuant to Section 111 of the City of Toronto Act to demolish the existing rental dwelling units at 980, 982, 984, and 990 Bloor Street West and, should City Council authorize the application, that the owner has entered into an agreement pursuant to Section 111 of the City of Toronto Act incorporating securing the replacement rental dwelling units and rents, tenant assistance and other rental related matters, and registered such agreement on title, all to the satisfaction of the City Solicitor and the Chief Planner and Executive Director, City Planning; and

e. a Section 37 Agreement satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor, has been executed and registered on title to the satisfaction of the City Solicitor, securing the matters of legal convenience outlined in Part 4 below.

4.  City Council authorize the City Solicitor to enter into an Agreement pursuant to Section 37 of the Planning Act to secure the following matters as a legal convenience to support development:

a.  an indexed cash contribution of four hundred thousand ($400,000.00) dollars to be paid by the owner prior to the issuance of the first above-grade building permit for any building on the Development Site to be allocated as follows:

i. three hundred and fifty thousand ($350,000.00) dollars to be used by the City in its sole discretion for the purpose of improvements to Dufferin Grove Park, to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks,  Forestry and Recreation, and the Ward Councillor; and

ii. fifty thousand ($50,000.00) dollars to be used by the City in its sole discretion for the purpose of improvements to Westmoreland Avenue Parkette and/or improvements to local public laneways (including but not limited to public art), to the satisfaction of the Chief Planner and Executive Director, City Planning, in consultation with the General Manager, Parks, Forestry and Recreation, and the Ward Councillor.

5.  City Council authorize the City Solicitor and appropriate City staff to take such necessary steps, as required, to implement City Council's decision.

Confidential Appendices A and B to the report (November 19, 2019) from the City Solicitor and Confidential Appendix C to motion 1 by Councillor Bailao are now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor remains confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as it contains advice and information that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (November 19, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.