Item - 2011.CC3.6

City Council on February 7 and 8, 2011, adopted the following:

1.         City Council adopt the confidential recommendations set out in Confidential Attachment 1 to the report (January 31, 2011) from the City Solicitor.

2.         City Council authorize the public release of the confidential instructions if adopted by Council.

The following instructions contained in Confidential Attachment 1 to the report (January 31, 2011) from the City Solicitor were adopted by City Council and are now public:

1.         The City Solicitor be instructed to advise the OMB that the City supports the appeal on the variances, provided Urbancorp makes a contribution in the amount of $50,000.00 as set out in the settlement offer.  That monetary contribution is to be allocated to park improvements in Heschel Park.  The City and the appellant will ask the OMB to withhold its final Order on the variances until the City Solicitor advises that the contribution has been provided.

The balance of Confidential Attachment 1 and Confidential Attachment 2 to the report (January 31, 2011) from the City Solicitor remain confidential in their entirety, in accordance with the provisions of the City of Toronto Act, 2006, as it relates to as it relates to advice or communications that are subject to solicitor-client privilege.