Item - 2023.CC13.17

City Council on December 13, 14 and 15, 2023, adopted the following:

1. City Council adopt the confidential instructions to staff in Confidential Attachment 1 to the report (November 29, 2023) from the City Solicitor.

2. City Council authorize the public release of the confidential instructions to staff in Confidential Attachment 1 and Confidential Appendix A to the report (November 29, 2023) from the City Solicitor.

3. City Council direct that the balance of of Confidential Attachment 1 to the report (November 29, 2023) 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 (November 29, 2023) from the City Solicitor were adopted by City Council and are now public as follows:

1. City Council accept the without prejudice offer to settle dated November 24, 2023 set out in Confidential Appendix A to the report (November 29, 2023) from the City Solicitor, and City Council direct the City Solicitor to attend at the Ontario Land Tribunal in support of the settlement.

2. City Council instruct the City Solicitor to request the Ontario Land Tribunal to withhold its Order until the City Solicitor has advised that:

a. the final form and content of the draft zoning by-law is to the satisfaction of the

City Solicitor and the Chief Planner and Executive Director, City Planning;

b. the Applicant has addressed all outstanding issues raised by Engineering and Construction Services as they relate to the Application to the satisfaction of the Chief Engineer and Executive Director, Engineering and Construction Services;

c. the Applicant has addressed all outstanding issues raised by Urban Forestry, Tree Protection and Plan Review as they relate to the Application, to the satisfaction of the Supervisor, Tree Protection and Plan Review; and,

d. the Applicant has submitted a construction management plan to the satisfaction of the General Manager, Transportation Services and the Chief Planner and Executive Director, City Planning, prior to the commencement of any shoring or excavation work, which includes the requirement for the Applicant to undertake the following items in addition to the City’s standard construction management plan:

i. to establish a construction liaison committee made up of local residents and businesses including a representative from local residents associations, to the satisfaction of the local Councillor, with the construction liaison committee to meet once every two weeks (or at longer intervals agreed between the parties at each meeting) starting at the beginning of construction, and notes/action items from those meetings to be shared with the members and the Councillor’s office in a timely way following each meeting;

ii. to sweep the construction site daily and nightly, or more frequently as needed to be cleared of any construction debris and made safe;

iii. to pressure wash the construction site and adjacent sidewalks, laneways and roadways weekly, or more or less frequently as needed to be cleared of any construction debris and made safe;

iv. to ensure that the existing sidewalks and all pedestrian walkways have proper lighting to ensure safety and visibility at all times of the day and

night;

v. to consult and communicate all construction, parking and road occupancy impacts with local businesses and residents in advance of any physical road modifications;

vi. to install appropriate signage and converging mirrors where necessary to ensure that pedestrians’, cyclists’ and motorists’ safety is considered at all times;

vii. to post a 24/7 contact number for the site superintendent on the

construction hoarding;

viii. to create a publicly accessible website with regular construction updates and post the website address on the subject site; and

ix.  to allocate a minimum of 75 percent of the total surface area on the construction hoarding to artwork at the Applicant’s sole cost, with the design and artist to be chosen at the Applicant’s sole discretion.

3. City Council authorize the City Solicitor to take all necessary actions to implement City Council's decision.

Confidential Appendix A to the report (November 29, 2023) from the City Solicitor is now public and can be accessed under Background Information (City Council).

The balance of Confidential Attachment 1 to the report (November 29, 2023) 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 is subject to solicitor-client privilege. The balance of Confidential Attachment 1 to the report (November 29, 2023) from the City Solicitor will be made public at the discretion of the City Solicitor.