Item - 2015.EX7.4

City Council, on July 7, 8 and 9, 2015, adopted the following:

1.  City Council amend Appendix A to the report (June 16, 2015) from the Acting City Manager by:

a.  deleting Condition 1 and replacing it with the following new Condition 1:

1.  Expanded gaming at Woodbine shall occur within the context of an integrated entertainment complex as previously approved by City Council in 2007. The approval of expanded gaming is conditional upon the service provider agreeing to finalize the outstanding Site Plan Control and Plan of Subdivision applications for an integrated complex, including entertainment, retail, hotel, restaurant, office for Woodbine's Phase 1A lands or agreeing to undertake a new development consistent with the previous Phase 1A concept. It is City Council's requirement that the integrated entertainment complex be built concurrently with the expanded gaming facility.

b.  adding a new Condition as follows:

"Labour Peace

The City will not consent to the expansion of the gaming at Woodbine unless the Ontario Lottery and Gaming Corporation and service provider(s) have entered into:

(a) an agreement through which the service provider(s) acknowledge(s) that, in relation to the existing collective agreement(s) to which Ontario Lottery and Gaming Corporation is bound related to the Woodbine gaming operations, the service provider is bound by that collective agreement as if it had been a party thereto in accordance with the "Sale of Business" provisions of the Labour Relations Act, 1995, SO 1995, c 1, Sch A, as amended; and

(b) an agreement through which the service provider(s) agree(s) to refrain from engaging in coercion, intimidation, threats, promises or undue influence or otherwise interfering in the formation, selection or administration of a trade union or the representation of employees by a trade union or from contributing financial or other support to a trade union representing or attempting to represent employees of either Ontario Lottery and Gaming Corporation or the service provider(s) employed in the Woodbine gaming operations, consistent with the provisions of the Labour Relations Act, 1995, SO 1995, c 1, Sch A, as amended;

and City Council requests that the Ontario Lottery and Gaming Corporation and its service provider enter into:

(c) an agreement, pursuant to s. 18(3) of the Labour Relations Act, 1995, SO 1995, c 1, Sch A, as amended, with any trade union seeking to act as the exclusive bargaining agent for a defined bargaining unit of employees of Ontario Lottery Gaming Corporation or its service provider recognizing the trade union as the exclusive bargaining agent of the employees where the trade union can establish that a minimum of 50 percent plus 1 of the employees in the defined bargaining unit are members of the trade union and have signed union authorization cards.

This requirement shall apply to all operations undertaken by Ontario Lottery and Gaming Corporation /the service provider at Woodbine, but for construction, alteration, or repair of the premises conducted by the Ontario Lottery and Gaming Corporation; the service provider; or their lessees or tenants.

2.  City Council pass a resolution in support of expanded gaming at Woodbine Racetrack (555 Rexdale Boulevard) (Woodbine) in the Ontario and Lottery Gaming Corporation (OLG) C2 zone (see map in Appendix A) to the report (June16, 2015) from the Acting City Manager, as amended by Part 1 above, as required under Ontario Regulation 81/12, including additional electronic games and live dealer tables, subject to:

a.  the Ontario Lottery and Gaming Corporation including the conditions set out in Appendix A to the report (June16, 2015) from the Acting City Manager, as amended ("the conditions") within its procurement process;

b.  the Ontario Lottery and Gaming Corporation selecting a service provider that will enter into contractual obligations with Woodbine Entertainment Group to deliver an integrated gaming and a broad range of non-gaming related uses as outlined in the new Condition 1 per Part 1 above, that can attract substantial new spending to Toronto, resulting in significant net new employment opportunities and socio-economic benefits to the local community;

c.  the Ontario Lottery and Gaming Corporation including a clause in its Casino Operating and Services Agreement requiring the service provider to report on how it will fulfil City conditions, and a timeline in which this will be undertaken, in a form satisfactory to the City Manager and the City Solicitor;

d.  the Ontario Lottery and Gaming Corporation allowing City Council to consider a further report from the City Manager assessing how the service provider has met or has given an undertaking to  contractually commit to meeting the conditions, and decide whether to maintain or reverse its conditional resolution in support of expanded gaming at Woodbine;

e.  the Ontario Lottery and Gaming Corporation not authorizing the establishment of expanded gaming and seeking Ministerial approval of the business case per O. Reg. 81/12 until City Council has considered and approved the report described in Part 2.d. above, has granted all planning approvals, and if required by City Council, entered into an agreement with the service provider; and

f.  the Ontario Lottery and Gaming Corporation maintaining its accountability over Responsible Gambling directives, program elements and program performance measures for implementation and delivery at the Woodbine site.

3. City Council notify the Minister of Finance that the City Council resolution supporting expanded gaming at Woodbine will be void, should the Ontario Lottery and Gaming Corporation and the service provider fail to meet City requirements set out in Parts 1 and 2 above and Appendix A to the report (June 16, 2015) from the Acting City Manager, as amended.

4. City Council request the City Manager to report back to Executive Committee, when a planning application has been evaluated, with the assessment of how the service provider has met City conditions.

5. City Council require the Ontario Lottery and Gaming Corporation, the service provider, and Woodbine Entertainment Group to comply with the City of Toronto's planning processes, including Council approval for any new development at Woodbine, and confirm that Minister's Zoning Orders will not be utilized.

6. City Council authorize the City Manager to negotiate and enter into any required agreements with the Ontario Lottery and Gaming Corporation, the service provider, and Woodbine Entertainment Group, in a form satisfactory to the City Solicitor.

7. City Council request the City Manager to consult with the Ontario Lottery and Gaming Corporation, its service provider, and any necessary provincial officials on the following issues, and report back as part of the report requested in Part 4 above:

a. on potential social impact to individuals and families due to gaming-related addictive behaviour and crime, and options to mitigate the human and social impact, including information about problem gaming programs offered by the OLG;

b. any incremental costs to the City associated with expanded gaming at Woodbine, including police, fire and emergency medical services; and

c. options to mitigate costs associated with issues identified in 7.a. and 7.b. above and who will pay.

8. City Council request the Government of Ontario and the Ontario Lottery and Gaming Corporation to amend the existing municipal "Hosting fee" formula, considering the following:

a. the hosting fee is governed by a standard province-wide Municipal Contribution Agreement (MCA) which must be reviewed to reflect a fair equity return, if Council consents to expanded gaming at Woodbine; and

b. according to Table 1 of the report (June 16, 2015) from the Acting City Manager, the "Best Case" (upper limits of expanded gaming) the City only receives approximately $29.5 million or 2.3% (less than the current 2.6%) from an overall revenue of approximately $1.3 billion.

9. City Council request the Province to explore the feasibility of adding to the curricula of the Toronto school boards education programs designed to discourage problem gambling.

10.  City Council request the Ontario Lottery and Gaming Corporation and Woodbine to strive to hire five percent of those on social assistance in the northwest pocket of the City in order to get them off social assistance, and to consult with City staff on how to leverage the City's PAYE Program and with provincial officials as required.

11. City Council direct that no Tax Increment Equivalent Grant (TIEG) be made available for any proposed integrated entertainment facility connected to a casino.

12. Council request the City Manager to consult with Metrolinx about the opportunities and costs for establishing a Union Pearson Express and/or GO Transit stop as part of the future development of the Woodbine site.

13. City Council request the City Manager to report back to the Executive Committee on an option that includes depositing additional revenues from expanded gaming at Woodbine Racetrack into a City of Toronto Community Benefits Fund, with the funds to be allocated to Neighbourhood Improvement Areas and other lower income communities for capital or operating projects aimed at improving the quality of life for local community members.

14. City Council authorize the public release of the confidential information contained in Attachment 1 and Appendix A to the supplementary report (July 2, 2015) from the City Solicitor at the discretion of the City Solicitor.

Confidential Attachment 1 and Appendix A to the supplementary report (July 2, 2015) remain confidential at this time in accordance with the provisions of the City of Toronto Act, 2006, as they contain advice or communications that are subject to solicitor-client privilege.  The confidential information in Confidential Attachment 1 and Appendix A to the report (July 2, 2015) from the City Solicitor will be made public at the discretion of the City Solicitor.

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Appendix A to the report (June 16, 2015) from the Acting City Manager, as amended

City of Toronto Conditions – as approved by City Council on July 7, 8, and 9, 2015

The following conditions will be reviewed by the City Manager and City Planning following the Ontario Lottery and Gaming Corporation selection of a service provider to operate the

expanded gaming site in Zone C2 (Figure 1) and a development application has been received by the City.  (For Figure 1 – Gaming Zone C2 see the report (June 16, 2015) from the Acting City Manager)

As a condition of its support for expanded gaming at Woodbine Racetrack (555 Rexdale Blvd.) (Woodbine), the City of Toronto requires that the successful service provider will commit to the following.

Development Plan

1.  Expanded gaming at Woodbine shall occur within the context of an integrated entertainment complex as previously approved by City Council in 2007. The approval of expanded gaming is conditional upon the service provider agreeing to finalize the outstanding Site Plan Control and Plan of Subdivision applications for an integrated complex, including entertainment, retail, hotel, restaurant, office for Woodbine's Phase 1A lands or agreeing to undertake a new development consistent with the previous Phase 1A concept. It is City Council's requirement that the integrated entertainment complex be built concurrently with the expanded gaming facility.

2. The service provider's development plan should build upon and support the international calibre race track operations at Woodbine.

3. The service provider's development plan should include appropriate and supportable levels of retail and other amenities included as part of any development.

Planning and Design

4. The service provider's proposal must conform with the City's Official Plan and achieve consistency with City policies and guidelines respecting planning, development and design

including the following:

a. Will have an urban form that is designed to fit within the local context.

b. Provide high quality architecture and urban design and provide animated and active

uses at grade.

c. Provide an architectural design that is consistent with existing and planned development in the vicinity of Woodbine and that has a density, scale, height and built form suitable for the site.

d. Ensure the design of the development contributes to the creation of landmarks and

vistas and addresses transition

e. Enhance the public realm in the vicinity of the project.

f. Ensure signage is of a high quality design that does not detract from the visual appearance of the architecture and is directed away from sensitive land uses.

g. Implement best practices and innovations for green design.

h. Address the provision of linkages with and between other public spaces, including enhancements to existing public spaces.

5. The service provider's proposal should include urban design considerations consistent with the Draft Urban Design Guidelines for Woodbine which are intended to create urban streets and blocks which connect to the surrounding area, create a comfortable and attractive pedestrian environment, provide public open space and upgrade and green surface parking

areas.

6. The service provider's proposal will be presented to the City’s Design Review Panel and the design is to be consistent with the feedback provided.

7. The service provider will submit all appropriate plans and documents required to support any development application in accordance with the Terms of Reference in the City's Building

Toronto Together: A Development Guide.

Transportation and Infrastructure

8. The service provider's proposal must identify all incremental transportation and infrastructure costs and upgrades, including transit, parking and road improvements required to support the proposed development plan and future site, and provide funding for these additional costs.

9. The service provider's proposal requires a review of the existing and projected capacity of the road and transit network, parking requirements and infrastructure. Studies must conform to

the City's Transportation Impact Study guidelines (2013) and address at a minimum the following:

a. A multi-modal approach to land use and transportation planning that minimizes parking requirements and recommends improvements to the transit, cycling and

pedestrian network;

b. Traffic generation and any upgrades to the transportation system required to support the development; and

c. Strategy for coach, taxi, shuttle bus, service, delivery and emergency vehicle movements.

10. The service provider's proposal must include a transit strategy to support the short and long term plans for redevelopment of the Woodbine lands, including:

a. Improvement to local bus transit operations (TTC, Viva, MiWay, Brampton Transit, etc.);

b. Further investigation, analysis and protection for the extension of the Finch West LRT from Humber College to Rexdale and Pearson International Airport;

c. Protection for a future GO Station on the Kitchener line as identified on Map 4 Higher Order Transit Corridors of the Official Plan and possibly a Union Pearson

Express stop; and

d. a Transportation Demand Management Plan to encourage the use of transit and other transportation modes for both employees and visitors.

11. The Service provider's proposal must include an infrastructure strategy that addresses any municipal servicing requirements and should include the submission of a Functional Servicing Study outlining the infrastructure works (internal and external to Woodbine) necessary to support the development plan. The study should address water consumption, sanitary and storm drainage, and the construction phasing of the infrastructure improvements, in accordance with the Servicing Report Terms of Reference in the City's Development

Guide.

12. The service provider and its development partners will be required to address existing capacity and requirements for other utilities. Should any upgrades be required, these will be

appropriately funded by the service provider and its development partners.

International Marketing Plan

13. The service provider will develop an international marketing plan and outline what measures it will implement to maximize the facility's ability to attract tourists both nationally and internationally.

Local Labour Market Development and Supply Chain Diversity

14. The service provider will develop an Employment and Labour Market Plan satisfactory to the City, which will apply to the gaming facility and related development and operations,

including:

a. working with educational institutions in Toronto to develop employment, skills training and apprenticeship opportunities for local Toronto residents; and

b. a commitment from the service provider to examine all reasonable opportunities and take the appropriate steps to mitigate any potential harm to the local community and prioritize the hiring of appropriately skilled persons living within adjacent Toronto communities.

15. The service provider will establish an Employment and Labour Market Advisory Working Group, comprising representatives from the service provider, the City of Toronto, and other relevant stakeholders (e.g. the OLG) to oversee the implementation and reporting of outcomes of the Employment and Labour Market Plan, including skills training and apprenticeship opportunities that provide improvements to the lives of Toronto residents.

16. The service provider will implement a Supply Chain Diversity Policy, which will:

a. Include opportunities to secure agreements that support operational requirements and provide added-value to local businesses;

b. Require the service provider to take all reasonable steps to create opportunities for local businesses to benefit from the proposed development; and

c. Require the service provider to take all reasonable steps to encourage the hiring and purchasing of skilled service providers that resemble the diversity and multicultural makeup of Toronto.

 Labour Peace

17. The City will not consent to the expansion of the gaming at Woodbine unless the Ontario Lottery and Gaming Corporation and service provider(s) have entered into:

(a) an agreement through which the service provider(s) acknowledge(s) that, in relation to the existing collective agreement(s) to which OLG is bound related to the Woodbine gaming operations, the service provider is bound by that collective agreement as if it had been a party thereto in accordance with the "Sale of Business" provisions of the Labour Relations Act, 1995, SO 1995, c 1, Sch A, as amended; and

(b) an agreement through which the service provider(s) agree(s) to refrain from engaging in coercion, intimidation, threats, promises or undue influence or otherwise interfering in the formation, selection or administration of a trade union or the representation of employees by a trade union or from contributing financial or other support to a trade union representing or attempting to represent employees of either OLG or the service provider(s) employed in the Woodbine gaming operations, consistent with the provisions of the Labour Relations Act, 1995, SO 1995, c 1, Sch A, as amended;

and City Council requests that the OLG and its service provider enter into:

(c) an agreement, pursuant to s. 18(3) of the Labour Relations Act, 1995, SO 1995, c 1, Sch A, as amended, with any trade union seeking to act as the exclusive bargaining agent for a defined bargaining unit of employees of Ontario Lottery and Gaming Corporation or its service provider recognizing the trade union as the exclusive bargaining agent of the employees where the trade union can establish that a minimum of 50 percent plus 1 of the employees in the defined bargaining unit are members of the trade union and have signed union authorization cards.

This requirement shall apply to all operations undertaken by OLG/the service provider at Woodbine, but for construction, alteration, or repair of the premises conducted by the Ontario Lottery and Gaming; the service provider; or their lessees or tenants.

Community Benefits

18. The service provider will identify commitments for the provision of access to suitable live event and/or large venue facilities, at little or no cost, for a limited number of operational hours within its facilities, for appropriate community cultural purposes.

19. The service provider must maintain all existing and planned Responsible Gambling measures and work with City staff and the Toronto Medical Officer of Health to implement harm mitigation measures to address the negative impacts of problem gambling.

20. The service provider will address the potential negative impacts of expanded gaming at Woodbine and identify community benefits it will contribute to mitigate any potential risks, including:

a. the preparation of regular reports assessing the health and social impacts of gaming operations at Woodbine;

b. providing additional social and health services to address any increase in vulnerability to Toronto residents brought about by expanded gaming at Woodbine;

c. a commitment to proactively addressing the negative impacts of problem gambling through prevention, intervention, treatment referral and harm mitigation initiatives based on internationally recognized best practices;

d. the identification of and commitment to social procurement opportunities and strategies that are aimed at providing benefits to local businesses and residents;

e. the identification of and commitment to the principles of an Employment and Labour Market Plan to support the development and operation of the proposed expansion;

f. the identification of and commitment to the principles of a Supply Chain Diversity Policy to encourage meaningful employment opportunities; and

g. the identification and commitment to building sustainable community relationships and initiatives that benefit Toronto residents.

21. The service provider will develop and enter into an agreement (or multiple agreements) with the City, in a form satisfactory to the City Manager and the City Solicitor, identifying the terms and conditions of community benefits it will contribute to mitigate any potential risks of expanded gaming at Woodbine, including the establishment of an oversight committee responsible for reporting on progress, and comprising representatives from the service provider, the City of Toronto, including Public Health, and invite representatives from the Ministry of Health and Long-Term Care, the Centre for Addiction and Mental Health and relevant research and community-based stakeholders.