Item - 2011.CC3.2

City Council on February 7, 2011 adopted the following:

1.         City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (February 4, 2011) from the City Solicitor.

2.         City Council authorize the public release of the confidential instructions to staff including Confidential Attachment 2 to the report (February 4, 2011) from the City Solicitor, if adopted by Council.

The following instructions contained in Confidential Attachment 1 to the report (February 4, 2011) from the City Solicitor were adopted by City Council and are now public:

1.         City Council approve and endorse the Memorandum of Understanding included in Confidential Attachment No. 2 to provide a framework for potential resolution of the Ontario Municipal Board appeals in connection with 2 True Davidson Drive.

2.         City Council authorize the City Solicitor as well as appropriate City Officials and City Staff to take such action as is contemplated in the Memorandum of Understanding to implement the intended objectives, including receipt and review of the Supporting Submissions and the circulation of a revised site plan submission for review and comment.

3.         City Council authorize the Chief Planner and Executive Director to give instruction to the City Solicitor for the purpose of further attendance at the Ontario Municipal Board proceedings in connection with the appeals.

4.         City Council authorize the Chief Planner and Executive Director to give instruction to the City Solicitor on the final form of OPA and ZBA as well as proposed site plan approval conditions based on the revised site plan submission as contemplated in the Memorandum of Understanding.

5.         City Council authorize City Officials to take all necessary action to give effect to the foregoing.

The balance of Confidential Attachment 1 to the report (February 4, 2011) from the City Solicitor, remains confidential, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to advice or communications that are subject to solicitor-client privilege in connection with the outcome of mediation related to appeals currently at the Ontario Municipal Board.

Confidential Attachment 2 – Mediation to the report (February 4, 2011) from the City Solicitor, is now public and can be accessed at the link noted under Background Information (City Council).