Item - 2021.CC38.13

Tracking Status

  • City Council adopted this item on December 15, 2021 with amendments.

CC38.13 - Port Lands Official Plan Modification Ontario Land Tribunal Appeals (Phase 2) - Request for Direction

Decision Type:
ACTION
Status:
Amended
Ward:
14 - Toronto - Danforth

City Council Decision

City Council on December 15, 16, and 17, 2021, adopted the following:

 

1.  City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor.

 

2.  City Council authorize the public release of:

 

a.  the confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor;

 

b.  Confidential Appendices A and B to the report (December 7, 2021) from the City Solicitor; and

 

c.  Confidential Appendix A to the supplementary report (December 13, 2021) from the City Solicitor.

 

3.  City Council direct that the balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor remain confidential at the discretion of the City Solicitor, as they contain information that is subject to solicitor-client and settlement privilege.

 

The confidential instructions to staff in Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor were adopted by City Council and are now public as follows:

 

1.  City Council endorse the Toronto District School Board Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor.

 

2.  City Council endorse the TWSDI/Pinewood Settlement Proposal, including the TWSDI/Pinewood Proposed Modifications as set out in Confidential Appendix B to Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor.

 

3.  City Council endorse the Hydro Proposed Modifications, as set out in Confidential Appendix A to Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor.

 

4.  City Council authorize the City Solicitor and any other City staff to support the Toronto District School Board Proposed Modifications, the TWSDI/Pinewood Proposed Modifications and the Hydro Proposed Modifications (together, the "Proposed Modifications") at the Ontario Land Tribunal, Port Lands OPM Hearing (Phase 2).

 

5.  City Council authorize the City Solicitor to execute Minutes of Settlement with TWSDI/Pinewood as required to implement Part 2 above.

 

6.  City Council authorize the City Solicitor to make such technical and stylistic changes to the Port Lands Official Plan Modification and take such further actions, along with other City staff, as necessary to give effect to City Council's decision.

 

Confidential Appendices A and B to the report (December 7, 2021) from the City Solicitor and Confidential Appendix A to the supplementary report (December 13, 2021) from the City Solicitor are now public and can be accessed under Background Information (City Council).

 

The balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain information that is subject to solicitor-client and settlement privilege. The balance of Confidential Attachment 1 to the report (December 7, 2021) from the City Solicitor and the balance of Confidential Attachment 1 to the supplementary report (December 13, 2021) from the City Solicitor will be made public at the discretion of the City Solicitor.

Confidential Attachment - Litigation that affects the City of Toronto and advice or communications that are subject to solicitor-client privilege.

Background Information (City Council)

(December 7, 2021) Report from the City Solicitor on Port Lands Official Plan Modification Ontario Land Tribunal Appeals (Phase 2) - Request for Direction (CC38.13)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-174137.pdf
Confidential Attachment 1
Confidential Appendix A - made public on December 24, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-174139.pdf
Confidential Appendix B - made public on December 24, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-174140.pdf
(December 13, 2021) Supplementary report from the City Solicitor on Port Lands Official Plan Modification Ontario Land Tribunal Appeals (Phase 2) - Request for Direction (CC38.13a)
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-174405.pdf
Confidential Attachment 1
Confidential Appendix A - made public on December 24, 2021
https://www.toronto.ca/legdocs/mmis/2021/cc/bgrd/backgroundfile-174407.pdf

Motions (City Council)

1 - Motion to Adopt Item as Amended moved by Councillor Paula Fletcher (Carried)

That City Council adopt the following recommendations in the supplementary report (December 13, 2021) from the City Solicitor [CC38.13a]:

 

1.  City Council delete the recommendations in the report (December 7, 2021) from the City Solicitor and adopt instead the following:

 

1.  City Council adopt the confidential recommendations to staff in Confidential Attachment 1 to the Supplementary Report (December 13, 2021) from the City Solicitor.

 

2.  City Council authorize the public release of:

 

a.  the confidential recommendations in Confidential Attachment 1 to the Supplementary Report (December 13, 2021) from the City Solicitor, if adopted by City Council; and

 

b.  Confidential Appendices A and B to the Request for Direction Report (December 7, 2021) and Confidential Appendix A to the Supplementary Report (December 13, 2021) from the City Solicitor, if the confidential recommendations in Confidential Attachment 1 to the Supplementary Report (December 13, 2021) have been adopted by City Council.

 

3.  City Council direct that the remainder of Confidential Attachment 1 to the Request for Direction Report (December 7, 2021) and the remainder of Confidential Attachment 1 to the Supplementary Report (December 13, 2021) remain confidential at the discretion of the City Solicitor, as they contain information that is subject to solicitor-client and settlement privilege.

Source: Toronto City Clerk at www.toronto.ca/council