Item - 2019.CC9.22

City Council on July 16, 17 and 18, 2019, adopted the following:

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor.

2.  City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor.

3.  City Council direct that the balance of Confidential Attachment 1 to the report (July 9, 2019) 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 Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor were adopted by City Council and are now public, as follows:

1.  City Council refuse the with prejudice Settlement Offer dated July 5, 2019.

2.  City Council authorize the City Solicitor and appropriate City Staff to attend the Local Planning Appeal Tribunal in opposition to the Zoning By-law Amendment and draft plan of subdivision applications in their current form, and to retain outside consultants as necessary.

3.  City Council authorize the City Solicitor and appropriate City Staff to continue discussions with the Applicants to reach a resolution of the Local Planning Appeal Tribunal appeal, and to report back to City Council on the outcome of the discussions, if necessary.

4. In the event that the Local Planning Appeal Tribunal allows the appeal, in whole or in part, City Council direct the City Solicitor to request the Local Planning Appeal Tribunal to withhold its final order on the Zoning By-law Amendment and draft plan of subdivision applications until such time as it has been advised by the City Solicitor that:

a.  the draft Zoning By-law Amendments are in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor;

b.  the owner has entered into an Agreement under Section 37 of the Planning Act with the City for the purpose of securing community benefits to the satisfaction of the City Solicitor, in consultation with City Planning staff and the Ward Councillor, and the agreement has been executed and registered on title to the lands to the satisfaction of the City Solicitor;

c.  all engineering matters, including the necessary revisions to the Functional Servicing Report and Stormwater Management Report, have been addressed to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

d.  the owner has submitted a revised draft plan of subdivision to the satisfaction of the Chief Planner and Executive Director, City Planning; and

e.  a list of draft plan of subdivision conditions has been prepared in a form satisfactory to the Chief Planner and Executive Director, City Planning and the City Solicitor.

The balance of Confidential Attachment 1 to the report (July 9, 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 that that is subject to solicitor-client privilege.  The balance of Confidential Attachment 1 to the report (July 9, 2019) from the City Solicitor will be made public at the discretion of the City Solicitor.