agenda of agenda briefing - 11 february 2020€¦ · agenda briefing tuesday 11 february 2020 mayor...

Draft Agenda

Ordinary Council Meeting

11 February 2020

The information contained in this Agenda is made available free to any member of the public.

Subject to copyright restrictions, members of the public may obtain copies of reports, attachments and tabled documents in accordance with the provisions of the Local Government Act 1995.

NB: Plans are generally not permitted to be copied due to copyright restrictions.

DRAFT AGENDA – ORDINARY COUNCIL MEETING 11 FEBRUARY 2020

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TABLE OF CONTENTS

ITEM SUBJECT PAGE NO

1. DECLARATION OF OPENING ANNOUNCEMENT OF VISITORS AND DISCLAIMER ........................................................................................................... 2

2. ATTENDANCE ......................................................................................................... 2

2.1 Apologies ................................................................................................................ 2

2.2 Approved Leave of Absence .................................................................................. 2

3. DISCLOSURE OF INTERESTS ............................................................................... 2

3.1 Declarations of Interest (Financial/Direct/Indirect) ............................................... 2

3.2 Declarations of Impartiality .................................................................................... 2

4. QUESTION TIME FOR PUBLIC ............................................................................... 2

4.1 Response to Previous Questions Taken on Notice .............................................. 2

4.2 Questions From the Public .................................................................................... 2

5. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY .......................................................................................... 2

6. REPORTS OF COMMITTEE MEETINGS ................................................................. 2

7. REPORTS ................................................................................................................ 2

7.1 Office of the CEO .................................................................................................... 3

OC-001-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - City of Canning Feedback Process ............................ 3

7.2 Director Canning Community and Commercial .................................................... 7

CC-001-20 New Lease for Rossmoyne Netball Club Incorporated ....................... 7

CC-002-20 Dedication of Right of Way - 132 Mallard Way, Cannington ............. 14

CC-003-20 Monthly Financial Report December 2019 ....................................... 19

CC-004-20 New Lease for Canning Arts Centre Users Association (Inc) ............ 50

CC-005-20 Proposed Change to Tenancy Management Arrangements - Rossmoyne Retirement Village ........................................................ 58

7.3 Director Canning Sustainable Development ....................................................... 65

SD-001-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - Public Forum on the Cannington Clay Plan ............. 65

7.4 Director Canning Environment ............................................................................ 71

EN-001-20 Sustainability and Environment Advisory Group Unconfirmed Meeting Minutes for November 2019 ............................................... 71

EN-002-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - To review and consider increasing the number of BMX Bicycle Tracks across the City of Canning ............................... 78


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EN-003-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - To allocate funding in the Draft 2020-2021 Budget to replace and install out dated play equipment over the next four years ................................................................................................ 84

8. NOTICE OF MOTIONS FOR CONSIDERATION AT THE NEXT ORDINARY COUNCIL MEETING .............................................................................................. 89

NOM-001-20 Upgrade Works to Coker Park ......................................................... 89

NOM-002-20 Request for Removal of Street Tree at 105 Southacre Drive, Canning Vale ................................................................................... 92

9. URGENT BUSINESS ............................................................................................. 97

10. CONFIDENTIAL MATTERS ................................................................................... 97

11. CLOSURE .............................................................................................................. 97


Page 1

NOTICE PAPER

AGENDA BRIEFING

TUESDAY 11 FEBRUARY 2020

MAYOR AND COUNCILLORS

I inform you that an Agenda Briefing will be held in the Council Chambers on 11 February 2020 at 6.00pm.

Your attendance is respectfully requested.

Yours faithfully,

Friday, 31 January 2020

Athanasios (Arthur) Kyron Chief Executive Officer

AG E N D A

If any of the Elected Members have any queries on the Items set out in this Agenda, it would be appreciated if they could contact the relevant Director:

1. Chief Executive Officer 9231 0603

2. Director Canning Community and Commercial 9231 0750

3. Director Canning Sustainable Development 9231 0676

4. Director Canning Environment 9231 0645


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1. DECLARATION OF OPENING ANNOUNCEMENT OF VISITORS AND DISCLAIMER

We acknowledge the Wajuk (Wudjyuk) people, the traditional owners of the land. We also pay our respects to Elders, both past and present.

2. ATTENDANCE

2.1 Apologies

2.2 Approved Leave of Absence

3. DISCLOSURE OF INTERESTS

3.1 Declarations of Interest (Financial/Direct/Indirect)

Officer/Elected Member

Order of Business/ Report No

Agenda Page No

Item Details Intent to Seek Ruling

Nature of Interest

3.2 Declarations of Impartiality

Officer/Elected Member

Order of Business/ Report No

Agenda Page No Item Details Nature of Association

4. QUESTION TIME FOR PUBLIC

4.1 Response to Previous Questions Taken on Notice

Responses to Questions Taken on Notice will be listed in the Ordinary Council Meeting Agenda 18 February 2020.

4.2 Questions From the Public

5. ITEMS BROUGHT FORWARD FOR THE CONVENIENCE OF THOSE IN THE PUBLIC GALLERY

6. REPORTS OF COMMITTEE MEETINGS

Nil.

7. REPORTS


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OC-001-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - City of Canning Feedback Process

OC-001-20

7.1 Office of the CEO


PROGRAM: Office of the CEO

SUB PROGRAM: Chief Executive's Office

FILE REF: Q20/20

REPORT DATE: 29 January 2020

REPORTING OFFICERS: Garry Adams - Director Canning Community and Commercial

RESPONSIBLE OFFICER: Athanasios (Arthur) Kyron - Chief Executive Officer

Strategic Plan Theme: CONNECT - An inclusive, safe and vibrant community. Community Goal: A connected and inclusive community where diversity is

welcome. Council Strategy: Varied and accessible community events, services and

facilities.

Authority/Discretion: Advocacy: When Council advocates on its own behalf or on

behalf of its community to another level of government, body or agency.

Attachments: Nil.

In Brief:

At the Annual General Meeting of Electors on 21 January 2020 the Electors voted in favour of the following motion:

“MOVED Mr R Aldridge, SECONDED Mrs M Aldridge, that the ratepayers here tonight, if this motion is carried, decide that the City of Canning:

1. Recognises that allowing a single ratepayer to give unlimited multiple feedback on an issue could cause feedback to be manipulated.

2. Recognises that allowing a single ratepayer to give unlimited multiple feedback on an issue could cause feedback to be unrepresentative and undemocratic.

3. Requests the Chief Executive Officer informs his staff that in future all feedback from ratepayers should return to being a one resident, one feedback system.

4. Authorises the Chief Executive Officer to undertake the necessary steps to ensure all future feedback is democratic and representative of the interested residents that give feedback.

CARRIED BY SIMPLE MAJORITY 12/0”

The City of Canning seeks to engage with its residents on many issues and through various means. One such means is the ‘Your Say’ platform, which is an online consultation system where residents are invited to leave feedback regarding various City projects. This platform has recently been used to conduct the final stage of public consultation for the three master planning options for Shelley Beach Park.

In the past, the system was set up for all projects with a requirement for people to register before submitting feedback. Following concerns raised by residents over a period of time through both City of Canning Officers and Elected Members, that people found the requirement to register and leave personal details was particularly onerous and prevented


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OC-001-20

them from participating, this requirement was removed and left as an option depending on the needs of the project.

At least one ratepayer disagrees with the approach taken for this project and has decided to leave multiple comments and feedback in the belief that the City cannot determine whether these are real or not. A Motion was carried at the Annual General Meeting of Electors to recognise that this process is undemocratic and the City should revert to the previous system.

OFFICER RECOMMENDATION That Council notes the Motion as carried from the Annual General Meeting of Electors and takes no further action.

Relevant Council Resolutions

Council Meeting and Date Report No Decision

Not applicable.

BACKGROUND

1 The City regularly undertakes community consultation and engagement on a wide variety of important issues.

2 Mr Aldridge moved the motion based on changes made to the City of Canning’s ‘Your Say’ engagement platform that removed the need for a user to register prior to making comments on a City project unless registration was required. This change was made based on feedback received through Officers and Elected Members from members of the community, highlighting that the need to register was onerous and prevented many of them from providing feedback and or comments through this platform. It was thought that this may have contributed to the low number of comments for previous engagement processes undertaken using this platform.

3 In moving this Motion, Mr Aldridge described how he had gone onto the City’s website and deliberately entered multiple comments under fictitious names and anonymously. For example, he stated “I didn’t leave that feedback from me, I left it from a guy called Tony Lee who again doesn’t exist. He came from a place over in Rossmoyne; I gave his street number and street address.”

4 Whilst Mr Aldridge may believe this is acceptable behaviour in order to justify his criticism of the feedback platform, it only serves to undermine a genuine attempt by the City to seek final comments from its community with regard to the options generated via a lengthy engagement process. Further, it wastes City resources in collating a significant number of comments and feedback that are of no value to Council when considering the options available.

DETAILS

5 It should be noted that the final consultation phase was never intended to be a ‘vote’ on what option was most favoured by the community and given that a statistically valid survey of local residents has already been undertaken, this phase of engagement was also not intended to be a statistically valid survey of residents.

6 It was intended to elicit further comments about what elements of each option were liked or disliked by residents and to determine whether there were ideas or concerns that had not previously been voiced or addressed.


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OC-001-20

7 In response to the assertion that the process is ‘undemocratic’, the determination of what option is further progressed, will be the decision of the City’s democratically elected Council and whilst all feedback and comments will be presented to Council prior to making a decision, Elected Members should take into account all information available in making their decision, not just comments received during the final phase of consultation. To this effect, over the three years that this project has been running, Elected Members have received various briefings from Officers and consultants, deputations from members of the public as well as the results of the initial statistically valid survey and feedback from subsequent community forums.

8 It should be noted that any system of community engagement undertaken by the City is to some extent, open to manipulation by those who have such intent. For example it is possible for a petition to be signed by non-electors such as those under 18 years, non-existent members of the community or by someone using another ratepayer’s name. So too, is it possible for residents seeking to push a particular cause to undermine a community forum by presenting nonfactual information or being disruptive during the process.

9 In order to maximise participation in engagement activities, the City needs to view its community as trustworthy and believe that people will participate with the right intent. It seeks to engage in meaningful ways using various methods, to ensure a diversity of opinions are heard. Very often only the loudest voices are heard and these do not always represent the majority of a diverse community. There is always a small number of people who seek to disrupt respectful and meaningful engagement processes to further their own agenda, however, these people are in the minority and this should not result in an onerous registration and checking process that dissuades people from participating.

CONSIDERATIONS

Legal Compliance

10 This report is provided to Council to meet the following requirement of the Local Government Act 1995:

Local Government Act 1995 – Section 5.33 – Decisions made at Electors‘ Meeting.

“(1) All decisions made at an electors meeting are to be considered at the next ordinary council meeting or, if that is not practicable –

(a) at the first ordinary council meeting after that meeting; or

(b) at the special meeting called for that purpose; whichever happens first

(2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors‟ meeting, the reasons for the decision are to be recorded in the minutes of council meeting.”

Policy Implications

11 CM179 – Community Engagement.

Financial Considerations

Business Plan

12 Not applicable.

Internal Budget

13 Community engagement costs are included within the budget for specific projects.


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OC-001-20

Asset Management

14 Not applicable.

Sustainability Considerations

15 Not applicable.

Consultation

16 Not applicable.

Other Considerations or Risks

17 Not applicable - this report is for noting only.

COMMENT

18 The City has Officers with significant expertise in Community Engagement processes that provide input into how such processes are planned for each of the City’s projects. Different methods are appropriate for different projects and for different stages of consultation. In conducting such engagement, the City aims to be as inclusive as possible and whilst this may create opportunities for people with mal-intent to try and manipulate or disrupt the engagement process, the City does have mitigation strategies to ensure such instances are minimised.

19 The City’s physical assets are vandalised in many different ways at significant cost to its ratepayers. The use of digital online platforms presents the further risk of ‘cyber-vandalism’ which involves the wilful destruction or damage to digital information or content and is often done for no other reason than to prove that it can be done. The City recognises this and regularly assesses such risks in order to implement appropriate treatments.

20 City Officers do not have pre-determined outcomes for projects such as Shelley Beach Park Master Plan. Officers plan engagements to maximise the opportunity the whole community have in providing meaningful feedback to assist Council in making informed decisions for the benefit of the whole community.

VOTING REQUIREMENT

21 Simple majority.

AGENDA BRIEFING COMMENT

22 Not applicable.


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CC-001-20 New Lease for Rossmoyne Netball Club Incorporated CC-001-20

7.2 Director Canning Community and Commercial

CC-001-20 New Lease for Rossmoyne Netball Club Incorporated

PROGRAM: Canning Community and Commercial

SUB PROGRAM: Land Assets

FILE REF: Q19/510


REPORTING OFFICERS: David Thomason - Tenancy Management Officer

Nikki Crook - Leader Land Assets

RESPONSIBLE OFFICER: Garry Adams - Director Canning Community and Commercial

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking

administration. Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial

sustainability.

Authority/Discretion: Executive: The substantial direction setting and oversight role

of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: Nil.

In Brief:

Rossmoyne Netball Club Incorporated has requested a new lease agreement to formalise tenure of the recently constructed storage and toilet facility at Shelley Park. This request has been made to facilitate a greater sense of financial security for Rossmoyne Netball Club Incorporated moving forward.

The Club has raised some issues with the requirements outlined in the Council’s Tenancy Management Policy and Standard Lease Document. Council is requested to consider support of a new lease agreement, with some variations to its Tenancy Management Policy and the City’s Standard Lease Agreement.

OFFICER RECOMMENDATION

That Council:

1. Approves, pursuant to Clause 3.58 of the Local Government Act 1995, the City entering into a new lease with the Rossmoyne Netball Club Incorporated for portion of the area located on Lot 501 Koolan Drive, Shelley, subject to the terms and conditions outlined in this report.

2. Authorises the Chief Executive Officer to finalise and sign the lease documentation between the City of Canning and Rossmoyne Netball Club Incorporated (in accordance with Section 9.49A (1) (b) and (4) of the Local Government Act 1995).


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Ordinary Council Meeting 15 August 2017

CC-010-17

Council approved the submission of Rossmoyne Netball Club’s funding request to the Department of Local Government Sport and Cultural Industries, Community Sporting and Recreation Facilities Fund and requests that prior to the Development Application being lodged, the Chief Executive Officer further investigates the feasibility, and costs associated with other locations adjacent to the netball courts.

Ordinary Council Meeting 19 December 2017

Item 15.1 (Urgent Business)

Council approved the funding arrangement for the development of a toilet and storage facility on Shelley Park, on the revised location west of the courts, subject to Rossmoyne Netball Club contributing to the project and authorised the Chief Executive Officer to approve the final design of the facility.

BACKGROUND

1 The Rossmoyne Netball Club Incorporated (‘RNC’) uses portion of Lot 501 Koolan Drive, Shelley. RNC hire the four netball courts and associated lighting through the City’s Active Places team on a seasonal basis. The new storage and toilet facility is located directly adjacent to the netball courts.


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2 RNC train on the courts five days a week during the winter season, and currently have a membership base of approximately 300, with an additional volunteer base of approximately 65.

3 RNC have requested to enter into negotiations for a lease on the newly built storage and toilet facility, to facilitate a greater sense of financial security for RNC moving forward. In negotiating this new Agreement, a number of issues have been raised by the tenant in relation to the requirements of the Council’s Tenancy Management Policy and the Standard Lease Agreement.

4 In 2018, RNC commenced the project to build a storage and toilet facility, engaging Wilkes Architecture Inc to manage the project. This project was a collaborative approach between the RNC and the City to achieve a significantly improved storage asset for the City, a safer toilet option for RNC membership base, and overall a functionally better outcome for RNC’s operations.

5 RNC contributed $109,204 to the project, which was funded by grants from the Stronger Communities Programme Grant, Netball WA’s Community Facilities Fund and a Club Contribution. RNC also secured a design company DarkLight Design and Wilkes Architecture on an ‘in-kind’ basis, which minimised the final cost of the project. Including the additional unforeseen costs, the City’s contribution to this project was $99,899. The total cost of the project was $209,103.

DETAILS

Negotiation on Lease Terms

6 When negotiating with RNC, two concerns have been raised with regards to the requirements of the Council’s Tenancy Management Policy and the way this is reflected in the City’s Standard Lease Document. These include:

a) Lease Term and Redevelopment Clause – Considering the significant capital contribution and the efforts the RNC has made to seek and successfully obtain funding from various sources, and their active participation in this upgrade project, it is recommended that a lease term of 10 years, with a further option of 10 years be supported. However, it is proposed that the lease also contain a 12 month notice period for lease termination to provide the City options for any future redevelopment that might be considered. It is noted that Council’s Tenancy Management Policy does permit extended lease terms up to 20 years where there has been significant investment in a facility.

b) Annual Rental – Given the facility can only be used for storage and ablution activities with zero capacity to create additional revenue, RNC would like it noted in this report that a request for a Peppercorn Lease ($0 per annum) has been conveyed to Officers. However, in line with the City’s Tenancy Management Policy and Schedule of Fees and Charges 2019-2020, it is recommended that the lowest adopted Leasing Fee be applied to the agreement, being $357 + GST per annum, with an annual rental increase of 2% be supported.

Proposed Lease Terms

7 In view of the above discussion, the table below summarises the main terms of the proposed new lease and the key details of the land:


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8 As noted above, RNC will be required to maintain the building and surrounds, in accordance with the Council’s Tenancy Management Policy BR.01 and the City’s Standard Lease Document.

CONSIDERATIONS

Legal Compliance

9 Section 3.58 of the Local Government Act 1995 (‘Act’) allows the City to dispose of land. For the purposes of this section, a lease of a property is considered to be a disposal.


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10 Clause 30 of the Local Government (Functions and General) Regulations 1996 defines those

dispositions which are exempt from Clause 3.58 of the Act. This includes disposal to not for profit bodies of an educational nature (though this requirement also extends to charitable, benevolent, religious, cultural, recreational and sporting bodies). On this basis, the proposed lease is considered exempt from the public notice requirements.

11 The City owns the land being disposed of in freehold title, and therefore no approval from the Minister for Lands is required under the provisions of the Land Administration Act 1997.

Policy Implications

12 The Council’s Tenancy Management Policy BR.01 provides for the lease of the City’s facilities to meet the current and future needs of the community, whilst encouraging consistent management and accountability of the community’s assets.

13 The Details section of this report discusses the proposed variations to the Council’s Tenancy Management Policy, including an extended lease term. Council’s support of these variations is requested.

14 Section 6 of the Tenancy Management Policy states that the City’s Standard Lease Agreement will not be varied unless it is required to meet the operational needs of the tenant. The amendments proposed to this document are considered to reflect the operational needs of RNC and will provide greater clarity in the future management of this lease.


Business Plan

15 This action is consistent with the City’s Corporate Business Plan 2018-2021 for the Land Utilisation Sub Program, which includes working with our lease holders to negotiate new lease agreements.

Internal Budget

16 The costs for the administration of the lease, compliance assessment, building inspections and related activities are accommodated within the current staffing allocation.

Asset Management

17 Under the terms of any proposed agreement, the City is responsible for reasonable fair wear and tear or structural maintenance of the City’s asset. The integrity of the building will be assessed and maintained in accordance with the City’s property maintenance inspections.

18 The City undertakes this asset management, whilst the tenant pays their rental and outgoings and is responsible for maintenance of fixtures, fittings, internal and external surfaces, and other preventative maintenance actions within the agreed Lease Area. This is the standard approach endorsed under the City’s Tenancy Management Policy.


19 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

20 In considering the new Sustainability Policy CM194 commitments, this project is consistent with Policy Commitment 8 – Take a knowledge-brokering and capacity-building approach, and facilitate positive relationships with the community to create shared understanding and foster collective responsibility, advocacy and action.


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Consultation

21 No general public consultation on this matter has occurred, as the discussions between the City and the RNC were specific to this group. Further, the proposed lease is considered exempt from the public notification requirements of Section 3.58 of the Act.

22 The matter has been discussed in detail within the Canning Commercial and Community Directorate, seeking input from other teams where required, including the Architecture team who were involved in the building renovations and the Facilities team who maintain the building. This report reflects the input of all Officers involved in these discussions.


Risk/ Opportunity

Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating

= Overall Risk/ Opportunity

Officer Recommendation approved by the Council (positive outcomes) Opportunity A

RNC will be able to budget for an agreed rental fee and will have long term security of tenure.

CEO to execute the formal lease agreement.

Likely Minor Medium

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes) Risk B

Not applicable. Not applicable. Not applicable. Not applicable. Not applicable.

Officer Recommendation deferred by the Council Risk C

There is the chance the City would be obliged to invest in the ongoing maintenance of the facility until a decision has been made.

Lease Agreement has been negotiated in detail with the tenant and the requirements of the Tenancy Management Policy addressed.

Possible Minor Medium (Risk)

Officer Recommendation declined by the Council Risk D

The City would be obliged to invest in the ongoing maintenance of the facility and would need to reflect those costs in the long term financial plan.

Lease Agreement has been negotiated in detail with the tenant and the requirements of the Tenancy Management Policy addressed.

Almost Certain Moderate High (Risk)

COMMENT

23 There are no concerns raised with negotiating a lease with some minor variations to the Council’s Tenancy Management Policy and Standard Lease Document. However, it is recommended that consistency with these documents, Council’s Tenancy Management Policy be upheld wherever possible across the Council’s tenancy agreements.

VOTING REQUIREMENT

24 Simple majority.


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25 Not applicable.


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CC-002-20 Dedication of Right of Way - 132 Mallard Way, Cannington CC-002-20

CC-002-20 Dedication of Right of Way - 132 Mallard Way, Cannington


SUB PROGRAM: Land Utilisation

FILE REF: Q19/450


REPORTING OFFICERS: Jeanette Appleby - Land Officer



Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-purpose.

Community Goal: Safe, well-designed and maintained roads. Council Strategy: Less traffic and congestion.

Authority/Discretion: Advocacy: When Council advocates on its own behalf or on

behalf of its community to another level of government, body or agency.

Attachments: Nil.

In Brief:

The Right of Way (‘ROW’) located at 132 (Lot 103) Mallard Way, is currently in the ownership of one of the original land developers of the area, Thomas Tate (deceased). The ROW is a constructed road and currently provides rear access for the three adjoining commercial properties.

The City has a Council supported land assembly project in place for the land bound by Mallard Way, Sevenoaks Street and Derisleigh Street. The dedication of this private ROW will enable management and maintenance by the City and facilitate the City’s current land assembly actions adjacent to the ROW.


That Council:

1. Pursuant to section 52 of the Land Administration Act 1997, requests that the Minister for Lands acquire Lot 103 on P064487 (as contained on Certificate of Title 2741/214) as Crown land.

2. Pursuant to section 56 of the Land Administration Act 1997, requests that the Minister for Lands dedicate Lot 103 on P064487 (as contained on Certificate of Title 2741/214) as a road reserve.

3. Authorises the Chief Executive Officer to execute all documents associated with the acquisition and dedication of this land as road reserve.


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OCM – 19 February 2019 CC-041-18 (Confidential Item)

Council approved the acquisition of land situated at 126-130 Mallard Way and 201 Sevenoaks Street to stimulate future development in line with the Queens Park Local Structure Plan.

LOCATION PLAN

BACKGROUND

1 The Queens Park Local Structure Plan was adopted by Council in August 2017 to guide the future development of the precinct. The inclusion of commercial uses and higher density near the Queens Park Train Station is aimed at activating the area and the expected increase in the residential densities will create genuine housing choice.

2 In 2019, Council supported the acquisition of land in the vicinity of the Queens Park Train Station and specifically bound by Mallard Way, Derisleigh Street and Sevenoaks Street, in order to stimulate the development of this land in line with the objectives of the Queens Park Local Structure Plan.

3 The City is in the process of undertaking land assembly actions for the land along Mallard Way and the acquisition of land on Sevenoaks Street. The subject ROW is situated in the middle of this future redevelopment area.


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DETAILS

4 The 238m2 ROW located at 132 Mallard Way, East Cannington is described as Lot 103 on P064487, as contained on Certificate of Title 2741/214. The ROW is 5m wide by 47.3m length, in built form and services three adjoining properties.

5 The ROW land is held in the name of Thomas Tate, one of the original subdividers of this suburb. Thomas Tate passed away on 27 November 1929. At that time, his Estate was managed by his two sons: Oriel Lee Tate and Tom Elwynne Lyle Tate, whom are both now also deceased. Consequently the ROW has been in the name of a deceased person for the last 91 years.

6 As the ROW is in the name of a deceased person, the City is proposing that the ROW be acquired as Crown Land and then dedicated as a public road, under the provisions of the Land Administration Act 1997 (‘the Act’). Once it is dedicated as road reserve, it would then

fall under the care, control and management of the City. These processes must be enacted via a request to the Minister for Lands.

7 In enacting this request, should the State be required to pay compensation for the ROW land, the City will be responsible for the compensation of the land. This is unlikely given the landowner passed away 91 years ago and there has been no subsequent claim for the land by the Estate and no payment of rates in that time. Further, the land has been used as an access way for a significant period of time.

8 As is required by the provisions of the Act, the proposed tenure changes were advertised for public comment. No submissions were received during this consultation period.

9 It is noted that in current day subdivision practices, a right of way created as part of a development would be required to be ceded to the Crown free of cost and the land would likely be created as a Crown reserve vested in the local government or dedicated directly as a road reserve. These types of rights of way that remain in private historical ownership are land tenure anomalies that need to be addressed.

CONSIDERATIONS

Legal Compliance

10 Sections 52 and 56 of the Act contain provisions surrounding the acquisition of alienated land as Crown land and dedication of land as a road reserve. It is a requirement of the Act that these proposals be advertised for public comment and that consultation occurs with affected landowners.

Policy Implications

11 The proposed dedication of the ROW will assist in the land assembly for delivering the aspiration provided by the adopted Queens Park Local Structure Plan.


12 All statutory costs associated with the acquisition and dedication of the road will be borne by a line item within the adopted Statutory Planning budget.

Business Plan

13 The proposed change to tenure of the ROW will facilitate the future redevelopment of this land in line with the Queens Park Local Structure Plan. As such, this project is consistent with the City’s Corporate Business Plan for the Land Utilisation sub-program, which requires the achievement of land requirements to facilitate major projects.


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Internal Budget

14 There are sufficient monies available in the existing budget line item for the Closure of Right of Way Expenses, within Cost Code 6000 - Statutory Planning. This is feasibly the only line item that could be used for land administration tasks, while not strictly the closure of the Right of Way.

Asset Management

15 The City is currently responsible for the maintenance of this ROW, though the non-compliant use by adjoining landowners means that it is likely maintenance works have been negligible in the past. The City will be responsible for the ongoing maintenance of the land once it is a dedicated road.


16 In regards to the City’s Sustainability Policy CM194, Local Government Act 1995 s1.3 (3), it

is considered that in the proposed changes in tenure to the ROW, considered in the context of facilitating the uplift of this area in line with the Queens Park Local Structure Plan, is consistent with Principle 4 of the Policy, being a commitment to a climate responsive urban development. This action is part of the transit orientated development surrounding the Queens Park Train Station, providing for higher resident densities within accessible locations to key public transport links.

Consultation

17 Council’s Delegation 471 – Acquisition of Privately Owned Land as Crown Land and Delegation 473 – Dedication of Land as Road Reservation allows City Officers to commence

the consultation procedures required as part of the acquisition and road dedication requirements. Delegation 471 also provides the power to send requests to the Minister direct, however as this action involves both delegations and Delegation 473 specifically states that Council are to make the final decision on the road reservations, the whole of the matter is presented to Council for consideration.

18 Public advertising has been completed and consultation letters sent to all adjoining landowners asking for submissions or comments. All utility service providers have also been directly notified. There have been no submissions or comments received in response to the advertising.


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Risk/ Opportunity


Actions Consequence

Likelihood X

Consequence Rating



Dedication of Mallard Way will facilitate the development of the adjoining lots.

The application for acquisition and dedication of the ROW is lodged to support the redevelopment project.

Almost Certain Moderate High

(Opportunity)


Possible compensation payable if descendant family members with interest in this land come forward.

City Officers have investigated extensively to identify people who may have interest in this land.

Unlikely Moderate Medium (Risk)


Complaints from adjoining business at City not being able to manage ROW compliance.

The land acquisition is in line with the compliance and the City legislative requirements.



This will affect the City’s redevelopment proposal and may inhibit the best development outcome for the land.

The land acquisition is in line with the compliance and the City legislative requirements.


COMMENT

19 Not applicable.

VOTING REQUIREMENT

20 Simple majority.


21 Not applicable.


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CC-003-20 Monthly Financial Report December 2019 CC-003-20

CC-003-20 Monthly Financial Report December 2019


SUB PROGRAM: Business Canning

FILE REF: Q19/490


REPORTING OFFICER: Hitesh Attawala - Manager Finance & Asset Management


Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking

administration. Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial

sustainability.

Authority/Discretion: Legislative: Includes adopting Local Laws, Town Planning

Schemes and Policies. Review when Council reviews decisions made by Officers.

Attachments: 1. Monthly Financial Statements as at 31 December 2019

(D20/9256). 2. Investments as at 31 December 2019 (D20/3956). 3. Warrant Listing - December 2019 (D20/5777). 4. Tenders Awarded Under Delegation or Panel - August to

October 2019 (D19/150047).

In Brief:

The Monthly Financial Report provides details of the City of Canning’s (‘the City’) current financial position in relation to the 2019-2020 Annual Budget, including the reporting of material variances (10% or $50,000, whichever is greater), in the Statements of Financial Activity. This report also details the City’s portfolio of investments, payments made during the month and the exercise of Officer Delegations related to the City’s financial operations. The City is in a sound financial position, and there are no significant issues of note to be brought to the attention of Council.


That Council:

1. Receives the Monthly Financial Report for the period ended 31 December 2019. (Attachment 1).

2. Receives the Monthly Investment Report for the period ended 31 December 2019. (Attachment 2).

3. Receives the List of Accounts Authorised for Payment under Delegated Authority for the period ended 31 December 2019, for the amount totalling $13,306,194.92 (Attachment 3).

4. Receives the list of Tenders awarded under delegation. (Attachment 4).


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SCM 15 August 2019 CC-040-19 2019-2020 Annual Budget

Adopted

BACKGROUND

1 The reporting of monthly financial information is a requirement under Section 6.4 of the Local Government Act 1995 (‘Act’) and Regulation 34 of the Local Government (Financial Management) Regulations 1996 (‘Regulations’).

2 As part of the annual budget process, Council has adopted 10% or $50,000, whichever is greater; to be used for reporting material variances in the Statements of Financial Activity. The Statements of Financial Activity for December 2019 is included as Attachment 1.

3 The report also includes Attachment 2 which details the City’s investments, in accordance with Policy AF306 Investments.

4 Pursuant to Regulation 13 of the Regulations, a list of payments made from the Municipal and Trust accounts is required to be presented to Council on a periodical basis. These details are included as Attachment 3. In accordance with Regulation 12 of the Regulations, the Chief Executive Officer has delegated authority to make these payments.

DETAILS

5 The Statement of Financial Activity for each month provides details of the annual and year-to-date budget position versus the actual position, at a particular point in time.

6 Details of major material variances are reported at program level, as defined by the Local Government (Financial Management) Regulations 1996.

CONSIDERATIONS

Legal Compliance

7 Sections 6.26(2) (g) and 6.4 of the Local Government Act 1995 and associated Local Government (Financial Management) Regulations 1996 and Section 6.16 of the Local Government Act 1995.

Policy Implications

8 The City’s Annual Budget for the year 2019-2020, as adopted by Council, is set within the parameters of Policy FM.05 Budget Preparation.

9 Policy AF306 Investments outlines principles of management of surplus funds and requires reporting of the City’s investment portfolio on a monthly basis.

10 Expenditure from Municipal and Trust Funds have been incurred in accordance with Policy AF301 Procurement of Goods and Services.


Business Plan

11 Business Canning. Financial Reporting:

a) To prepare the City’s Annual Report, Annual Budget and Long Term Financial Plan.

b) To oversee acquittals for external agencies.

c) To prepare the City’s accounts for audit.


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12 Current material variances affecting the City’s 2019-2020 Annual Budget are detailed within Attachment 1.

Internal Budget

Asset Management

13 Not applicable.


14 The new Sustainability Policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

Consultation

15 Not applicable.


16 Council approved the City’s Annual Budget for the year 2019-2020 at the Special Council Meeting on 15 August 2019, via report CC-040-19. The Annual Budget was adopted with a balanced budget.

17 The audit of the Annual Financial Statements for the year 2018-2019 was recently concluded and the Annual Report was adopted by the Council in December 2019. As per the audited financial statements the year end surplus was $3.58 million which was mainly attributable to a Federal Assisted Grant (relating to the year 2019-2020) received in advance, and unspent funds on projects that are to be carried forward.

18 The following table shows further breakdown of the surplus. It should be noted that after adjustment of advance Federal Assisted Grant and carry forward projects the overall end of year position was in deficit. $

Actual Surplus as per the statement 3,581,811

Less: Federal Assisted Grant for 2019-2020 received in advance (1,689,534)

Less: Estimated Carry Forwards (net of revenue and reserve transfers) (4,108,659)

30 June 2019 Year End position - Deficit (2,216,382)

19 The 2018-2019 budgeted opening position was based on a nil brought forward surplus. In order to continue to maintain service delivery to the community, funding sources will have to be identified in the current year and as part of the future budget preparation to reduce this deficit.

COMMENT

20 The City’s overall financial position is sound.

21 It should be noted that the Warrant of Payments is a system generated report which relies on supplier categorisation. The descriptions used best represent the City’s typical procurement and purchases; however some actual items purchased may differ.

22 As per the Regulations, there is no requirement for inclusion of commitments on account of purchase orders in the monthly financial report however, for better reporting the City has reported commitments in this financial report.

VOTING REQUIREMENT

23 Simple majority.


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24 Not applicable.

Item CC-003-20 - Attachment 1 Monthly Financial Statements as at 31 December 2019

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Item CC-003-20 - Attachment 2 Investments as at 31 December 2019

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Item CC-003-20 - Attachment 2 Investments as at 31 December 2019

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Item CC-003-20 - Attachment 3 Warrant Listing - December 2019

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Item CC-003-20 - Attachment 4 Tenders Awarded Under Delegation or Panel - August to October 2019

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CC-004-20 New Lease for Canning Arts Centre Users Association (Inc) CC-004-20

CC-004-20 New Lease for Canning Arts Centre Users Association (Inc)


SUB PROGRAM: Land Assets

FILE REF: Q20/11


REPORTING OFFICERS: David Thomason - Tenancy Management Officer



Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Prudent financial management and long term financial

sustainability.



Attachments: Nil.

In Brief:

The lease over the Canning Arts Centre with Canning Arts Centre Users Association (Inc) expired in March 2019. With the Canning Arts Centre nearing the end of its asset life and the large portion of the land having future development potential, the City is undertaking a review of the 72 Riley Road, Riverton site to consider its highest and best future use.

Canning Arts Centre Users Association (Inc) has requested a new short term lease agreement to facilitate a greater sense of security whilst the review takes place. Council is requested to consider support of a new lease agreement under similar terms and conditions to the previous lease, noting variations to its Tenancy Management Policy and the City’s Standard Lease Agreement


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That Council:

1. Supports the requested variation to provisions within the Council’s Policy BR.01 Tenancy Management Policy, as follows:

a) Lease subject to a six month Redevelopment Notice clause.

b) In line with the previous lease agreement, a Peppercorn Rental of one dollar ($1.00) per annum.

c) In line with the previous lease agreement, the Tenant will be responsible for all cleaning of the facility and all other maintenance will be the responsibility of the City.

d) The lease will contain a clause which will state that all non-essential repairs or replacements to the facility will not need to be undertaken, unless otherwise agreed by both parties.

2. Approves, pursuant to Clause 3.58 of the Local Government Act 1995, the City entering into a new three year lease with the Canning Arts Centre Users Association (Inc) for the facility located on 72 Riley Road, Riverton, subject to the terms and conditions outlined in this report.

3. Authorises the Chief Executive Officer to finalise and execute the lease documentation between the City of Canning and Canning Arts Centre Users Association (Inc), in accordance with Section 9.49A (1) (b) and (4) of the Local Government Act 1995).



Ordinary Council Meeting 18 March 2014

CR-010-14

Council approved a new lease with the Canning Arts Centre User Association Inc for the Canning Arts Centre for five years commencing on 1 April 2014 and authorized the Chief Executive Officer to negotiate and sign the lease agreement between the City and the Association.

BACKGROUND

1 The Canning Arts Centre is situated at Lot 500 72 Riley Road, Riverton, which is owned by the City of Canning. The lease area is shown as follows:


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2 The Canning Arts Centre was constructed in 1978 by the Town of Canning and was managed directly by a Council Management Committee.

3 Following implementation of the Local Government Act 1995, the Arts Centre Management Committee became a User Group and subsequently an Incorporated Association, being the Canning Arts Centre Users Association (Inc) (‘CACUA’). Formed in 1998, this Association represented all user groups of the Centre, with the express purpose of managing the facility on Council’s behalf. Creation of this legal entity enabled the City to enter into a formal lease of the premises (building only).

4 As CACUA was formed at the request of Council for the express purpose of managing the facility on Council’s behalf, the rental fee was set at $1.00 per annum. CACUA has continued to undertake the duties of the previous Management Committee, which includes hiring out the facility, using the funds generated to meet the cost of service charges (water, electricity, insurance etc) and undertaking cleaning and minor maintenance. CACUA is not able to use funds generated for any other purpose than maintaining and operating the Centre.

5 The site has been identified by the City as a prime redevelopment site and is subject to a master planning process, in conjunction with the Riverton Leisureplex site, in order to determine the most appropriate long term built form outcome possible at this location.

6 The lease with the CACUA expired on 31 March 2019 and a new short term lease has been requested by the Association.


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DETAILS

Negotiation on Lease Terms

7 When negotiating with CACUA, concerns have been raised with regards to the requirements of the Council’s Tenancy Management Policy and the way this is reflected in the City’s Standard Lease Document. These include:

a) Annual Rental – Given the short term nature of the agreement, the potential for disruption due to possible redevelopment, and the fact that CACUA is not able to use funds generated for any other purpose than on maintaining and operating the Centre, a variation to the City’s Tenancy Management Policy and Schedule of Fees and Charges 2019-2020 is recommended. In line with the previous lease agreement, an annual Peppercorn Rental of $1.00 per annum for the term of the agreement is supported.

b) Cleaning and Maintenance – Given the short term nature of the agreement and likely future redevelopment, consistency with the previous lease agreement is supported. As such, CACUA will be responsible for all cleaning of the facility and all other maintenance will be the responsibility of the City.

c) Redevelopment Clause – Considering the master planning process, it is proposed that the lease contain a six month notice period for lease termination to provide the City options for any future redevelopment that might be considered. CACUA are supportive of this clause.

d) Non-Essential Maintenance – Considering the facility is nearing the end of its asset life, it is proposed that the lease contains a clause which will state that all non-essential repairs or replacements to the facility will not need to be undertaken by either party, unless otherwise agreed by both parties. CACUA are supportive of this clause.

Proposed Lease Terms

8 In view of the above discussions, the table below summarises the main terms of the proposed new lease and the key details of the land:


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9 While the City has negotiated a new lease agreement with CACUA, it should be noted that City Officers have also been in discussion with this group regarding their potential relocation to a purpose designed area within the Riverton Leisureplex. This action would both release the City’s obligations on 72 Riley Road to allow for its future redevelopment, whilst also providing an additional community resource within the Leisureplex itself, further enhancing the functionality of this important community hub.

10 Irrespective of the new lease agreement, City Officers will remain in contact with CACUA to continue discussions around this future partnership.

CONSIDERATIONS

Legal Compliance

11 Section 3.58 of the Act allows the City to dispose of land. For the purposes of this section, a lease of a property is considered to be a disposal.


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12 Clause 30 of the Local Government (Functions and General) Regulations 1996 defines those

dispositions which are exempt from Clause 3.58 of the Act. This includes disposal to not for profit bodies of an educational nature (though this requirement also extends to charitable, benevolent, religious, cultural, recreational and sporting bodies). On this basis, the proposed lease is considered exempt from the public notice requirements.

13 The City owns the land being disposed of in freehold title and therefore no approval from the Minister for Lands is required under the provisions of the Land Administration Act 1997.

Policy Implications

14 The Council’s Tenancy Management Policy BR.01 provides for the lease of the City’s facilities to meet the current and future needs of the community, whilst encouraging consistent management and accountability of the community’s assets.

15 The Details section of this report discusses the proposed variations to the Council’s Tenancy Management Policy. Given the short term of the proposed agreement and the unique circumstances facing CACUA and the site, Council’s support of these variations is requested.

16 Section 6 of the Tenancy Management Policy states that the City’s Standard Lease Agreement will not be varied unless it is required to meet the operational needs of the tenant. The amendments proposed to this document are considered to reflect the operational needs of CACUA and the uncertainty surrounding the land at 72 Riley Road, Riverton.


Business Plan

17 This action is consistent with the City’s Corporate Business Plan 2018-2021 for the Land Utilisation Sub Program, which includes working with our lease holders to negotiate new lease agreements.

Internal Budget

18 The costs for the administration of the lease, compliance assessment, building inspections and related activities are accommodated within the current staffing allocation.

Asset Management

19 Under the terms of any proposed agreement, the City is responsible for all maintenance of the City’s asset. The integrity of the building will be assessed and maintained in accordance with the City’s property maintenance inspections. In line with the facility approaching the end of its ‘asset life’, only essential maintenance will be undertaken, unless agreed by both parties.

20 The City undertakes this asset management, whilst the tenant pays all outgoings and is responsible for day to day cleaning within the agreed Lease Area.


21 The new Sustainability policy was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets which will provide measurable criteria for sustainability progress assessment.

22 In considering the new Sustainability Policy CM194 commitments, this project is consistent with Policy Commitment 8 – take a knowledge-brokering and capacity-building approach, and facilitate positive relationships with the community to create shared understanding and foster collective responsibility, advocacy and action.


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Consultation

23 No general public consultation on this matter has occurred as the discussions between the City and the CACUA were specific to this group. Further, the proposed lease is considered exempt from the public notification requirements of Section 3.58 of the Act.

24 The matter has been discussed in detail within the Canning Commercial and Community Directorate, seeking input from other teams where required, including the Facilities team who maintain the building. This report reflects the input of all Officers involved in these discussions.


Risk/ Opportunity


Actions Consequence

Likelihood X

Consequence Rating



CACUA will gain security of tenure.

The CEO to execute the formal Lease Agreement.

Likely Minor Medium

(Opportunity)




CACUA will continue to occupy the facility under the ‘Holding Over’ provision of the current lease.

The Lease Agreement has been negotiated in detail with the tenant and the requirements of the Tenancy Management Policy addressed where possible, given the unique circumstances.



CACUA will continue to occupy the facility under the ‘Holding Over’ provision of the current lease.

The Lease Agreement has been negotiated in detail with the tenant and the requirements of the Tenancy Management Policy addressed where possible, given the unique circumstances.



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COMMENT

25 There are no concerns raised with negotiating a lease noting variations to the Council’s Tenancy Management Policy and Standard Lease Document are required, given the unique circumstances facing CACUA and the 72 Riley Road site. However, it is recommended that consistency with Council’s Tenancy Management Policy be upheld wherever possible and this renewed lease should not be viewed as a precedent for other similar lease negotiations in the future.

VOTING REQUIREMENT

26 Simple majority.


27 Not applicable.


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CC-005-20 Proposed Change to Tenancy Management Arrangements - Rossmoyne Retirement Village

CC-005-20



SUB PROGRAM: Land Utilisation

FILE REF: Q20/19


REPORTING OFFICER: Nikki Crook - Leader Land Assets


Strategic Plan Theme: BUILD - Accessible, pleasing urban spaces that are fit-for-

purpose. Community Goal: A range of housing for different lifestyles. Council Strategy: Housing that suits differing needs, including quality affordable

housing.

Authority/Discretion: Executive: The substantial direction setting and oversight role of the Council eg adopting plans and reports, accepting tenders, directing operations, setting and amending budgets.

Attachments: Nil.

In Brief:

In October 2017, Council resolved on a long term strategy for the future operation of the City’s Retirement Villages and Seniors Accommodation. This included the recommencement of lifetime tenancy arrangements at Rossmoyne Retirement Village (‘RRV’).

The units at RRV were offered for sale (as lifetime leases) in mid 2018 and while five units sold in the period between September 2018 and February 2019, there have been no further unit sales since this time. This is largely reflective of current market conditions and the high number of retirement village offerings available.

The existing residents are concerned with the high vacancy levels at the Village and it has been proposed that some of the vacant units be rented on a short term residence agreement. The existing residents are supportive of this option and it will also have the benefit of increasing the income for RRV. On this basis, it is recommended that Council support renting some of the vacant units at the RRV on a basis of short term residence agreements, as opposed to lifetime leases.


That Council:

1. Approves the recommencement of short term residence agreements at Rossmoyne Retirement Village.

2. Approves the rental amount for any unit to be set at no less than $260.00 per week.


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CC-005-20



Ordinary Council Meeting 21 May 2019

CC-021-19

Council supported the demolition of the two-storey building at the Rossmoyne Retirement Village and requested a budget allocation to complete these works and return the site to a temporary green space pending the future redevelopment of the Village.

Ordinary Council Meeting 20 February 2018

CC-006-18

Council resolved to receive the update report on the progress of implementing the Long Term Strategy for the City’s Retirement Village resolved in October 2017.

Ordinary Council Meeting 17 October 2017

CC-023-17

Council resolved on the long term strategy for the future operation of the City’s retirement villages and Seniors Accommodation. This included the recommencement of lifetime lease arrangements at the Rossmoyne Retirement Village.

Ordinary Council Meeting 20 September 2016

CE-006-16

Council resolved to approve the retention and operation of the villages subject to the development of a long term strategy being presented to Council.

BACKGROUND

1 In September 2016, Council resolved to approve the retention and operation of the City’s retirement villages, subject to the development of a long term strategy being presented to Council for consideration. At this time, Council resolved to offer vacant units for rent on an annual basis.

2 In October 2017, following a review of the City’s operations by KPMG, the proposed long term strategy for the City’s retirement villages was presented to Council. Council adopted this long term strategy, with a series of recommendations to be actioned. One of those actions stated that the City recommence lifetime tenancy arrangements at Rossmoyne Retirement Village.

3 A progress update on the implementation of the long term strategy was presented to Council in February 2018. This report noted that the previous management model at RRV was not financially sustainable and the City had explored improvements that could be made to the operation and management of the RRV. Suitable expertise was contracted to assist the City in preparing a new Lifetime Tenancy Agreement with a new financial model. This work was completed in mid 2018 and the sale (lifetime lease) of the vacant units at Rossmoyne commenced.

4 In the period between September 2018 and February 2019, the City sold five of the vacant units on site. However, no other units have been sold since February 2019.

5 In recommencing the lifetime tenancies at RRV, those residents who were on yearly rental agreements were offered either to buy into RRV or to move to rental units at Wilson Retirement Village. All bar one resident either moved to Wilson Retirement Village or made their own personal arrangements. This was actioned to free up the units at RRV for sale.


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CC-005-20

6 In the period between September 2018 and current day, the City has seen 17 units vacated from RRV, which included two of the new incoming residents (of the five sales noted in (paragraph 4) above). While this included the annual rental people, there have been a high number of people leaving to move into higher care facilities.

7 This high level of vacancy did create a unique opportunity for Council to consider the demolition of the two-storey one bedroom units on site. This was a suggestion of the existing residents at RRV raised at the Annual General Meeting of Electors held on 23 January 2019. This building was considered to be in poor condition and one bedroom units, particularly those on a second storey, would likely attract little sales interest.

8 On this basis, Council on 21 May 2019 resolved to support the demolition of the two storey building and provide suitable budget allocations in the 2019-2020 Budget to complete the works. These works were substantially completed in the period between October 2019 and January 2020, and the area will be returned to a temporary green space by the end of January 2020.

DETAILS

Options for Filling Vacancies

9 Of the 24 units now situated at RRV, 15 are occupied by lifetime lease residents and nine are vacant. Given the small size of the Village, an almost 40% vacancy rate has a significant impact on village community life and general morale.

10 The residents of RRV have raised significant concerns regarding the high vacancy rate at the Village on multiple occasions. It is noted that it was recently decided that the Residents Committee should be held in abeyance, because there are not enough people in the Village to keep it running. There are also flow on effects to all of the social gatherings the residents try to keep running, including the Tai Chi classes, the Ladies Morning Tea and the Cards Game Nights. It is often the sense of security and community that attract people to living in a retirement village and with few other facilities available at RRV, it is important these activities continue.

11 City Officers have discussed options for filling these vacancies with residents and the selling agent for the Village, in light of the very slow uptake of lifetime tenancies. The option to rent some of the units under short term residence agreements has been proposed.

12 The City operates short term residence agreements at Wilson Retirement Village. These agreements are for a 12 month period, which then rolls over each year until the resident decides otherwise.

13 The City’s selling agent has advised that renting in the current market is attractive, as it does not require a large capital investment and there is a high number of people that do not necessarily have the financial resources to buy into a village, but that would like to live in that type of setting. Further, the agent advised that increasingly, retirement villages are operating with a mix of tenancy styles, so as to maintain occupancy rates in a soft market.

14 The short term rental option was also discussed with the existing RRV residents on a number of occasions and formally at the Annual General Meeting of Residents held on Monday, 2 December 2019. At this meeting, the residents resolved as follows:

“In light of current market conditions and residents wanting to increase numbers in the Village, the residents are open to consider alternative models for rental and reduced leasing payment options in order to fill vacant units, provided that such options don’t erode the equity of the existing residents’ investment.

Moved P Bullen, Seconded B Taylor CARRIED”


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CC-005-20

15 City Officers have also considered a hybrid model for lifetime tenancies where incoming residents pay a smaller incoming contribution and a higher weekly fee. This has not been sufficiently financially modelled at this stage to determine if this is a worthwhile consideration.

Rental Arrangements

16 There are very few comparable offerings of two bed units in Rossmoyne at present. Considering the adjoining suburbs of Riverton and Shelley, there are a few similar examples, however the condition of some of these properties is not comparable to the refurbished Rossmoyne units. The prices of two bed units range between $260.00 and $295.00 per week. Seniors Own Real Estate also noted an expected rental price of approximately $265.00 to $270.00 per week.

17 It is noted that there were no comparisons for rental units in retirement villages in the general area. However, based on the above advice, it is recommended the units be rented at $270.00 per week.

18 In preparing the new operating models for the retirement villages, the City prepared a short term residence agreement for use at the Wilson Retirement Village, which was consistent with the provisions of the Retirement Village Act 1992 (‘Act’). This agreement could be easily adapted for use at the RRV without the need to obtain further advice or legal services.

Financial Impact

19 At this stage, it is proposed to rent four to five vacant units. Those units located in the centre of the blocks will be offered as rentals, as they tend to attract less buyer attention, with people tending to be more interested in the units situated at the ends of the block.

20 In renting four units at $270.00 per week and assuming 90% occupancy throughout the year, this would bring in an estimated income of $50,000 per year. A portion of this income would be attributed to the maintenance costs equivalent to the service charge paid by lifetime tenants (ie $82.00 per week).

21 It is proposed that the annual rental would be subject to CPI increases each year to match the increases applied to the maintenance costs and service charge fees. It is noted that lifetime tenants are required to review and adopt the budget for the Village, as a requirement of the Act.

22 While this additional rental income will not have a significant impact on the shortfalls likely to be experienced with the buyback of units happening at a higher rate than unit sales, it will both bring in some additional income not currently being received, whilst also addressing the concerns of the existing residents regarding occupancy rates.

23 It is further noted that the Act requires that the City make a commensurate contribution to the maintenance service charges for any vacant units. With the rental of these units, this potentially reduces any shortfall in maintenance fees that might occur over the year.

Waitlist

24 Both the Caprice Place Independent Living Units and the Wilson Retirement Village have been operating a high occupancy levels for some time. As such, in mid 2019, City Officers started to keep a waitlist of prospective tenants, as the City has regularly been fielding queries regarding possible seniors’ accommodation.

25 At present, there are currently 13 people on the waitlist awaiting accommodation, with five nominating Rossmoyne as a location preference.

26 With Council’s support for renting some of the vacant units at RRV, it is envisaged that four units could be under lease within one to two months.


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CC-005-20

Signing of Documents

27 It is noted that the current authorisation for signing all resident documents for tenancies within the Retirement Villages and Seniors Accommodation extends to the Manager Care Services and the Executive Manager Enriching Canning. As the Manager Care Services role no longer exists, the documents are required to be signed by the Director Canning Community and Commercial.

CONSIDERATIONS

Legal Compliance

28 Any change to leasing arrangements at the Village must comply with the Act, as RRV is bound by a Retirement Village Memorial. The use of short term residence agreements is permitted under this Act and the agreement that has been prepared for Wilson Retirement Village can be adapted for use at RRV.

Policy Implications

29 Not applicable.


Business Plan

30 This report has been considered in the context of the City’s Corporate Business Plan which states that we shall enhance independent living for the aged and people with disabilities within the Canning community. The rental of vacant units in RRV will increase occupancy rates and increase the number of residents within the Village, which will have the benefit of improving the sense of community in the Village.

Internal Budget

31 It is anticipated that the rental of four units at RRV will bring in approximately $50,000 per annum (assuming 90% occupancy throughout the year). A portion of this income will be attributed to the service charge that applies in RRV to cover maintenance expenses and the balance will offset other capital improvement projects currently budgeted in this and subsequent financial years.

Asset Management

32 The occupation of vacant units is seen as preferable to leaving them vacant, as they are often better maintained when occupied, thereby improving the condition of the asset.


33 This matter is considered to be consistent with Council’s Policy CM194 – Sustainability Policy with regard to Goal No 3 – A commitment to responsible resource management and impact reduction. The use of the vacant units to meet the needs for housing those people who cannot necessarily afford to buy into a village acknowledges the interdependence of economic and social issues in relation to the use of resources.

Consultation

34 This matter has been discussed on a number of occasions with the existing lifetime residents at RRV and their support was gained before presenting this matter to Council. City Officers acknowledged it would not put this decision to Council unless the residents also agreed.


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CC-005-20


Risk/ Opportunity Consequences Mitigation/

Actions Consequence

Likelihood X

Consequence Rating



Vacant units are leased and the resident numbers in the Village increase.

Council support of recommendation and contact of people on the waitlist to fill vacant units.

Likely Moderate High

(Opportunity)


Possible social issues within the Village between lifetime tenants and rental tenants.

City Officers have had a number of honest discussions with existing residents that there may be little option to fill the vacancies and ensured their support was gained prior to making this recommendation to Council.



Units will remain vacant, representing lost income for the City and resident concerns regarding vacancies will not have been addressed.

City Officers have considered a range of options for filling the vacancies and renting some of the units has been considered the best short term option.



Units will remain vacant, representing lost income for the City and resident concerns regarding vacancies will not have been addressed.

City Officers have considered a range of options for filling the vacancies and renting some of the units has been considered the best short term option.


COMMENT

36 It is noted, while the short term residence agreements are proposed to be introduced in response to the lack of interest in the lifetime tenancies and the flat sales market at present, the City may need to consider an operating model moving forward which has a mix of tenancy arrangements. In this way, the City may be able to achieve higher occupancy rates more consistently in the future.

37 The rental of four units is proposed under similar arrangements that exist at other retirement village/seniors accommodation sites, whereby the lease is for a 12 month period which renews annually until the resident advises otherwise.


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CC-005-20

VOTING REQUIREMENT

38 Simple majority.


39 Not applicable.


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SD-001-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - Public Forum on the Cannington Clay Plan

SD-001-20

7.3 Director Canning Sustainable Development


PROGRAM: Canning Sustainable Development

SUB PROGRAM: Liveable Canning

FILE REF: Q20/16


REPORTING OFFICERS: Etienne Brits - Executive Manager Strategic Planning

Roberta Schuchmann - Strategic Planning Officer

RESPONSIBLE OFFICER: Graeme Bride - Director Canning Sustainable Development

Strategic Plan Theme: GROW - Natural areas where people and wildlife flourish. Community Goal: Natural areas are preserved and enjoyed. Council Strategy: Well managed natural areas supporting recreation and

biodiversity.


Attachments: Nil.

In Brief:

At the Annual General Meeting of Electors on 21 January 2020 the Electors voted in favour of the following motion:

“MOVED Mr Hill, SECONDED Dr D Brown, that the Council considers holding a public forum in the near future about the Cannington Clay Pan, as part of the public consultation process’


It is noted that the Grose Avenue/Lake Street Wetland (Cannington ‘Clay Pan’) is an environmentally sensitive area within the Canning City Centre area and its continued protection and enhancement is identified within the Canning City Centre Activity Plan.

The City does not own the land on which the Clay Pan is located and has no current role in relation to its ongoing management, which rests with Western Power as the owner. There is legislation in place that protects the environmental values of the area and any proposal which has the potential to impact on these values would require detailed environmental assessment by the Environmental Protection Authority (‘EPA’).

Environmental Consultants have previously been appointed by the City to prepare studies to the specifications of the EPA (based on guidance notes and standards) to assess the impacts of the City’s proposed Southern Link Road alignment which traverses the eastern edge of the Clay Pan.

It is noted that any future environmental assessment process, which includes a public consultation process, is managed by the EPA and it is considered that the City could assist in promoting this consultation.


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That Council:

1. Notes the Motion carried at the Annual General Meeting of Electors regarding a public forum in the near future about the Cannington Clay Pan.

2. Notes that the land on which the Clay Plan is located is primarily owned by Western Power and the City has no management responsibility for the land.

3. Notes that environmental studies are being carried out to determine the potential impact of phase three of the Southern Link Road on the Clay Pan.

4. Notes that the Environmental Protection Authority will assess any future environmental referral regarding the Southern Link Road and conduct consultation as part of its environmental assessment process.

5. Notes that separate to the environmental assessment process, the future of phase three of the Southern Link Road will come before Council to determine land acquisition and budgetary matters and consultation approaches will need to be identified as part of future reports to Council.

6. Requests the Chief Executive Officer take steps to inform the community of the Environmental Protection Authority’s public consultation process once commenced, and provide links on the City’s website to the environmental reports and submission requirements of the Environmental Protection Authority to increase awareness and promote feedback.



OCM 15 October 2013 CF-012-13

Council adopted the CCC Structure Plan as a Local Planning Policy (LPP)

OCM 21 June 2016 PR-025-16 Council endorsed the draft Activity Centre Plan for public advertising.

OCM 20 September 2016 PR-034-16 Council resolved to adopt the Canning City Centre Activity Centre Plan.

OCM 18 April 2017

CE-007-17

Council adopted the Canning City Centre Regeneration Program.

BACKGROUND

1 The Canning City Centre Activity Centre Plan 2017 (‘Activity Centre Plan’) envisions the Grose Avenue/Lake Street Wetland Clay Pan as one of its main natural features. It forms the Conservation Precinct in the approved Activity Centre Plan.

2 Currently, the Clay Pan is fenced off by its landowners, Western Power Corporation and an Investment Holdings company.

3 The approved Activity Centre Plan shows a proposed road (Southern Link Road) that impinges on a small, mostly degraded portion of the Clay Pan.

4 The Southern Link Road (phase three) is also identified as a project in Years 6 to 7 of the Canning City Centre Regeneration Program (being 2024-2025) and as such the environmental approvals are being sought at this stage.


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5 The City is working closely with environmental agencies on this matter due to the presence of the Clay Pan and its native vegetation. The City also undertook several environmental studies to determine the impact of the future road.

6 The City will refer the Southern Link Road proposal to the EPA in 2020 to consider its effect on the Clay Pan environment.

7 No additional development is currently considered by the City within the Clay Pan boundaries. Environmentally sensitive peripheral structures such as viewing platforms and walkways may be supported with the landowner’s consent and approval from the relevant authorities in the future.

DETAILS

Land Ownership

8 The land is currently not owned or managed by the City.

9 Although the Activity Centre Plan has a vision for the site’s management and its appearance/layout, any action will depend on ownership of the land, Council’s decisions and state government environmental approvals.

Management of the Clay Pan

10 Depending on the road’s approval by the EPA and the landowner’s consent, the C ity sees the benefit in managing the area to improve the quality of vegetation, raise community awareness and improve the environmental assets in the area.

Southern Link Road

11 A future road extension from Grey Street to Gerard Street, will provide a strong north-south link between Albany Highway and the north side of the railway line. This future extension link was identified in the approved Activity Centre Plan and is subject to the EPA’s environmental approval to proceed to project implementation.

12 The alignment of Southern Link Road was modified to reduce the impact on the existing vegetation of the Clay Pan. Its alignment has moved from being a straight line to a curved design which impacts much less on the site, land and vegetation. The width has also been reduced as much as possible to reduce the impact further. The proposed alignment now goes through a small portion of mostly degraded vegetation.

13 The studies carried out in the past five years will form part of a referral to the EPA. The studies quantify the effects of the Southern Link Road proposal such as the environmental impacts, amount of clearing and any hydrological effects. The City will lodge the referral with the EPA in 2020. The EPA will conduct the required public consultation, and the City can assist in informing the community about it.

Public Forum

14 The City is not the owner of the land and a Public Forum to discuss the future and ongoing management of the Clay Pan (which is around five hectares in area) would be limited at this stage. If there is a future opportunity for the City to gain tenure over this land (which would be subject to Council consideration), a Public Forum/Workshop to develop an overall Master Plan would be progressed focussing on improving the land’s environmental values and where appropriate, facilitating environmentally sensitive passive recreation opportunities.

15 If the purpose of the Forum is specific to the potential environmental impacts of the final stage of the Southern Link Road, these issues will be addressed as part of the EPA referral process, which invites public feedback enabling interested members of the community to have their say. It is considered that the EPA is best placed to independently assess the environmental impacts, review submissions from the public and other agencies and provide its determination of the proposal.


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16 Post the EPA’s environmental process the future of the Southern Link Road will be subject to Council’s consideration and decisions on whether to proceed with matters such as land acquisition and budgetary allocations will require resolutions of Council.

CONSIDERATIONS

Legal Compliance

17 The referral of a Proposal to the Environmental Protection Authority will follow Section 38 of the Environmental Protection Act 1986.

Policy Implications

18 Not applicable.


Business Plan

19 Not applicable.

Internal Budget

20 If a public forum was requested a budget would be required to assist with facilitation and environmental consultant participation. There is no allocation for this in the 2019-2020 Budget.

Asset Management

21 No current assets of the City are affected by this proposal.


22 The new Sustainability Policy was adopted on 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment.

23 In advance of these targets having been developed by the City and endorsed by Council, this project addresses Sustainability Policy CM194 commitment ‘3. Encroachment upon nature’.

24 The Activity Centre Plan sets out requirements for any development in and around the Clay Pan, endeavouring to protect the Conservation Precinct.

Consultation

25 A clearance referral is being prepared based on the environmental studies and will be lodged with the EPA in 2020. The EPA will the conduct the public consultation and the City will assist in informing the community about it. All environmental reports will be made publically available for viewing as part of this process. The City in providing information to the community on the environmental assessment, can provide links to the EPA website for the community to access the environmental studies and review submission requirements.

26 Post the EPA’s environmental process, land acquisitions and budgeting will need to be determined by Council before further action can take place.


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Risk/ Opportunity


Actions Consequence

Likelihood X

Consequence Rating


Officer Recommendation approved by the Council (positive outcomes)

Opportunity A

The Motion carried by the Annual General Meeting of Electors is acknowledged by Council.

The report clearly sets out the EPA process and the limited influence the City has under the circumstances. The report further sets out the most dependable way to be involved in this process in the best interest of the City.

Possible Minor Medium

(Opportunity)

Officer Recommendation approved by the Council (negative outcomes)

Risk B

Not Applicable Not Applicable Not Applicable Not Applicable Not

Applicable

Officer Recommendation deferred by the Council

Risk C

Council’s acknowledge-ment of the carried Motion from the Annual General Meeting of Electors is deferred.

The report clearly sets out the EPA process and the limited influence the City has under the circumstances. The report further sets out the most dependable way to be involved in this process in the best interest of the City.

Possible Insignificant Low

(Risk)

Officer Recommendation declined by the Council

Risk D

Council does not acknowledge the carried Motion from the Annual General Meeting of Electors.

The report clearly sets out the EPA process and the limited influence the City has under the circumstances. The report further sets out the most dependable way to be involved in this

Possible Insignificant Low

(Risk)


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Risk/ Opportunity


Actions Consequence

Likelihood X

Consequence Rating


process in the best interest of the City.

COMMENT

27 The motion passed at the Annual General Meeting of Electors proposes that the City considers holding a public forum on the Clay Plan soon and as part of the public consultation process.

28 It is acknowledged that the consultation is an EPA process under the Environmental Protection Act 1986 where the City has no decision making power. The City also does not

own or manage the land under consideration at this stage.

29 It is recommended that during the environmental assessment process undertaken by the EPA, the City seeks to take steps to notify the community of the process.

VOTING REQUIREMENT

30 Simple majority.


31 Not applicable.


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EN-001-20 Sustainability and Environment Advisory Group Unconfirmed Meeting Minutes for November 2019

EN-001-20

7.4 Director Canning Environment


PROGRAM: Canning Environment

SUB PROGRAM: Parks and Place Improvement

FILE REF: Q19/489


REPORTING OFFICERS: Kim Byrnes - Sustainability Officer

Dion Johnson - Executive Manager Parks and Place Improvement Canning

RESPONSIBLE OFFICER: Warren Bow - Director Canning Environment

Strategic Plan Theme: LEAD - Accountable, responsible and forward-thinking administration.

Community Goal: Effective leadership and good governance. Council Strategy: Open and transparent to the community and stakeholders.

Authority/Discretion: Noting: Includes items provided to Council for information purposes only that do not require a decision of Council.

Attachments: 1. Sustainability and Environment Advisory Group -

Unconfirmed Minutes of Meeting November 2019 (D19/176120).

In Brief:

The Sustainability and Environment Advisory Group (‘the Advisory Group’) held a meeting on Thursday, 28 November 2019. Attachment 1 of this report is the Unconfirmed Minutes of this meeting. There are no actions that require a Council decision.


That Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 28 November 2019 (Attachment 1).



OCM 19 November 2019

EN-030-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 29 September 2019.

OCM 15 October 2019

EN-027-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 27 July 2019.

OCM 16 July 2019

EN-016-19

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 30 May 2019.

OCM 14 May 2019 EN-010-19 Council receives the Unconfirmed Minutes


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of the Sustainability and Environment Advisory Group meeting held on 20 March 2019.

OCM 20 November 2018 EN-031-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 23 September 2018.

OCM 21 August 2018 EN-020-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 31 May 2018.

COM 14 June 2018 EN-016-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 20 March 2018.

OCM 20 March 2018 EN-006-18

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 8 February 2018.

OCM 20 February 2018 EN-003018

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 7 December 2017.

OCM 19 December 2017 EN-012-17

Council receives the Unconfirmed Minutes of the Sustainability and Environment Advisory Group meeting held on 5 October 2017.

OCM 17 October 2017 CC-024-17

That Council:

1. Endorses the review undertaken of the City’s Business, Community, and Sustainability and Environment Advisory Groups.

2. Endorse the removal of Elected Members as Council appointed nominees to the City’s Advisory Groups effective from 17 October 2017.

3. Approves the Chief Executive Officer being responsible for the appointment of community representatives to the City’s Advisory Groups, as the attached to this report, to be effective from 17 October 2017.

OCM 17 May 2016 CD-005-16

That Council:

1. Approves the recommended appointments to the Sustainability and Environment Advisory Group, Business Advisory Group, and Community Advisory Group, as outlined in this report.

2. In accordance with (1) above, authorize the Chief Executive Officer


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to provide written advice to all nominees as to the outcome of their nomination.

3. Councilor appointment to the Sustainability and Environment Advisory Group, Business Advisory Group, and Community Advisory Group, are determined at the Ordinary Council Meeting of Tuesday 10 May 2016, follow the receipt of submissions by the Chief Executive Officer.

4. Endorses work to continue, to fill any vacant community positions on the Advisory Groups.

OCM 10 December 2015 CE-005-15

That Council:

1. Authorises the establishment of Business, Community, and Sustainability and Environment Advisory Groups.

2. Authorises the Chief Executive Officer to commence advertisement and expressions of interest for Advisory Group Members.

3. Receives a report on the nominations received for the respective Advisory Group.

BACKGROUND

1 The Sustainability and Environment Advisory Group (‘SEAG’) was established in mid-2016 as an Advisory Group to Council on matters relating to sustainability and the environment. The most recent meeting of SEAG was held on 28 November 2019.

DETAILS

2 Members provided an update on their work plan discussion.

3 Members were provided with an update on key projects being undertaken by the Parks and Place Improvement team, the Changing Your World Conference and Fair, and the submission to the State Government’s Climate Change in WA Issues paper.

CONSIDERATIONS

Legal Compliance

4 The Advisory Group operates under the Terms of Reference adopted by Council at the 17 October 2017 Ordinary Council Meeting. An Advisory Group Governance Guide (‘the Guide’) has been developed by the Governance team, which outlines the processes and procedures to ensure each group functions effectively.

5 The minutes comply with the requirements of the Guide.


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EN-001-20

Policy Implications

6 Not applicable.


Business Plan

7 Not applicable.

Internal Budget

8 Not applicable.

Asset Management

9 Not applicable.


10 The new Sustainability Policy CM194 was adopted 18 June 2019. The City is now working towards determining a set of City-wide targets, which will provide measurable criteria for sustainability progress assessment. SEAG addresses several Sustainability Policy CM194 commitments:

11 Principle 6: A commitment to building community capital, social sustainability and a thriving local economy is addressed by the community networks established by SEAG members, providing information and raising issues via SEAG.

12 SEAG continues to address Principle 8: A commitment to developing partnership and increasing participation in local, state, national and international sustainability opportunities, by utilising best practice approaches to their annual work plans, and providing comment on sustainability and environment matters.

Consultation

13 Following the election of a new Council in October 2015, Councillors expressed a desire to engage with various sectors of the Community. Advisory Groups were established as one method of engagement. Nominations were invited from the Canning Community in a widespread media campaign, and the Advisory Groups were formed in mid-2016.

14 A review of the Advisory Groups Terms of Reference took place, and the amended Terms of Reference were adopted at the 17 October 2017 Ordinary Council meeting.


15 Not applicable.

COMMENT

16 The next meeting of the Sustainability and Environment Advisory Group is scheduled for Thursday, 6 February 2020 at the Canning River Eco Education Centre. Elected Members may attend if they wish. SEAG has opted to meet every two months and continues to perform at a high level. SEAG members continue to provide City Officers with significant input into relevant strategy and policy development and offer a conduit for community feedback on various sustainability and environmental initiatives.

VOTING REQUIREMENT

17 Simple majority.


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EN-001-20


18 Not applicable.

Item EN-001-20 - Attachment 1 Sustainability and Environment Advisory Group - Unconfirmed Minutes of Meeting November 2019

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Item EN-001-20 - Attachment 1 Sustainability and Environment Advisory Group - Unconfirmed Minutes of Meeting November 2019

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Page 78

EN-002-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - To review and consider increasing the number of BMX

Bicycle Tracks across the City of Canning

EN-002-20

EN-002-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - To review and consider increasing the number of BMX Bicycle Tracks across the City of Canning


SUB PROGRAM: Parks & Place Improvement Canning

FILE REF: Q20/17


REPORTING OFFICER: Mary Ross - Manager Natural Areas and Conservation


Strategic Plan Theme: CONNECT - An inclusive , safe and vibrant community. Community Goal: A safe and healthy community. Council Strategy: Improved health and wellbeing.


Attachments: Nil.

In Brief:

At the Annual General Meeting of Electors on 21 January 2020, the electors voted in favour of the following motion:

“MOVED Mr Hill SECONDED Mrs Keating, that Council review and consider increasing the number of BMX bicycle tracks across the City of Canning, of the style of construction, but more substantial than the one that is visible from Kent Street.”

The BMX track at Kent Street Weir, built in 2001, was designed for the use of local children, with input from students at Wilson Primary School.

There are limited facilities provided for older children, adolescents and young adults in the City’s parklands.

The provision of additional facilities for these age groups would best be determined through the framework of analysis in the Community Infrastructure Plan, when adopted, taking account of the diverse population of young people in the City.


That Council:

1. Notes the Motion carried at the Annual General Meeting of Electors held on 21 January 2020 regarding the provision of BMX bicycle tracks in the City.

2. Requests the Chief Executive Officer to review the adequacy of existing facilities and assess the requirement for new and upgraded facilities to be provided for older children, adolescents and young adults, including BMX bicycle tracks, across City managed parks, as part of the development and implementation of the Community Infrastructure Plan.


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OCM 15 December 1998

ET-201-98

The City’s recreation staff be requested to investigate the provision of a suitable BMX facility within or adjacent to the Canning River Regional Park.

OCM 19 January 1999

CS-004-99

Council’s Parks Department be requested to undertake planning to ascertain the suitability of Adenia Reserve, Ferndale for a BMX facility and to liaise with the Canning River Regional Park Community Advisory Committee.

OCM 8 June 1999 ET-082-99 A sum of $10,000 be listed in the City’s forward plan to allow the future development of an informal BMX facility at Adenia Reserve.

OCM 24 August 1999

CS-078-99

Council endorse the initiation of community consultation with relevant groups prior to the establishment of an informal BMX facility within Adenia Reserve.

OCM 12 October 1999

ET-155-99

a) Council not proceed with the construction of the BMX track at Adenia Reserve.

b) Council establish a working party comprising a Councillor from each ward, Executive Community Services, Manager Parks and Streetscape Services and Manager Recreation Services, with secretarial support, with an invitation to the Youth Advisory Council to nominate two members to the above working party.

OCM 14 March 2000 CS-012-00

(in part): a) Council confirm its intention to construct a

BMX track at the Wilson Park/Kent Street Weir site.

d) An additional $9,800 be included in the draft 2000/2001 budget to complete the BMX track.

BACKGROUND

1 The installation of the informal BMX track at Kent Street Weir was initiated following a request from the Canning River Regional Park Community Advisory Committee, that the City consider providing such a facility to reduce damage to remnant vegetation in the Regional Park caused by children constructing BMX tracks in bushland.

2 The track was designed with input from children at Wilson Primary School on the layout and design and construction advice from a consultant youth worker and BMX rider. It was constructed in 2001 at a cost of $12,100 including a State Government Youth Services and Participation grant of $5,000, with total project expenditure $24,832, to cover ancillary items including signage, fencing, seating a drinking fountain, tree planting and revegetation of the wetland buffer.

3 A basketball practice hoop was installed soon after as a separate project and the perimeter of the adjacent Wilson Wetland was fenced to restrict access to the natural area from the parkland. The site costs approximately $1,200 to $1,500 annually to maintain, including mowing, mulching, spraying, and top up of the surfacing material.


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4 The BMX facility continues to be used by the community; a traffic study conducted over a week during the April school holidays in 2016 recorded 181 children and 63 adult bike riders at the location. Complaints are received from time to time from nearby residents about dust from the facility and about noise caused by people using the track for remote controlled model vehicles. The 2016 traffic study recorded five remote control vehicle users over the weekend.

5 Ranger and Community Safety Services report receiving very few complaints about the use of the track. They generally do not observe people using the area during regular patrols so it is likely that usage is heavier during school holidays.

DETAILS

6 At the Annual General Meeting of Electors on 21 January 2020, the electors voted on the following motion:

“MOVED Mr Hill SECONDED Mrs Keating

That Council review and consider increasing the number of BMX bicycle tracks across the City of Canning, of the style of construction, but more substantial than the one that is visible from Kent Street.


7 According to the 2016 census data - the population of older children, adolescents and young adults (aged 12 to 24) in the City was 17,666, representing 19.5 % of the population. This number is predicted to increase to 21,908 by 2031, with the proportion of the total population remaining stable at 19.6%.

8 Many young people in the City belong to culturally and linguistically diverse communities and some live with disabilities. Suburbs with a relatively high population of youth in the City are Bentley, Riverton, Shelley, St James, Willetton and Wilson. The highest numbers of disengaged or unemployed young people live in the suburbs of Bentley, East Cannington and Willetton.

9 These age groups are relatively poorly provided for in comparison to younger children. Park facilities currently provided for youth include 25 basketball practice facilities in various parks across the City, the informal BMX track at the Kent Street Weir precinct, the skate park at Burrendah Park in Willetton which is soon to be replaced with a skate plaza, table tennis tables in Sill Park and Page Park, Bentley, and parkour elements at Sill Park.

10 People in these age groups also have access to the facilities at sports grounds and exercise equipment at various locations. There are three youth centres at Bentley, Lynwood and Willetton, and the City’s Youth Team arranges events and programmes for older children and adolescents.

11 The City is in the process of developing a Community Infrastructure Plan to guide decision making on future infrastructure projects, which will improve existing and provide new community facilities. The provision of additional facilities aimed at the 12 to 24 age groups would best be determined through the framework for analysis that the plan will provide.

12 A review of the adequacy and location of the existing BMX track at Kent Street and options for the provision of additional BMX facilities would form part of the required analysis; however a more comprehensive approach to the provision of infrastructure and services for young people would be appropriate, rather than focussing on one facility type.


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EN-002-20

CONSIDERATIONS

Legal Compliance

13 This report is provided to Council to meet the following requirement of the Local Government Act:


‘(1) All decisions made at an electors’ meeting are to be considered at the next ordinary council meeting or, if that is not practicable –



(2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of council meeting.’

Policy Implications

14 All City infrastructure is managed under the guidance of Policy FM.07 Asset Management.


Business Plan

15 The provision of new facilities for young people will require substantial budgetary allocations in the Long Term Financial Plan, however until the nature and number of the facilities required has been determined and prioritised, it is not possible to estimate what funding will be required and the timeframe over which it should be allocated.

Internal Budget

16 The provision of new facilities will incur additional resource commitments for maintenance and repair which may have implications for the capacity of existing staff resources.

Asset Management

17 Any new assets for young people will need to be included in the City’s Asset Management Plans.


18 The provision of new infrastructure for young people will need to be implemented in accordance with the sustainability commitments in the City’s Sustainability Policy (CM194).

19 These include trialling innovative ways of providing youth facilities and assessing the projected future needs to 2036 as a commitment to intergenerational equity.

Consultation

20 Future facility provision should also consider the cultural diversity of young people and the importance of providing for people with disability in these age groups. It will be essential to engage with young people at all steps in the process of determining the type and location of new infrastructure and in its design and delivery.


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EN-002-20


Risk/ Opportunity


Actions Consequence

Likelihood X

Consequence Rating



The motion carried by the Annual General Meeting of Electors is acknowledged by Council.

When adopted, the Community Infrastructure Plan will provide a framework for the provision of new and replacement facilities, including for young people.

Almost Certain Significant High

(Opportunity)




Council’s acknowledge-ment of the carried motion from the Annual General Meeting of Electors is deferred.


Rare Significant Low

(Risk)


Council does not acknowledge the carried motion from the Annual General Meeting of Electors.


Rare Significant Low

(Risk)


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EN-002-20

COMMENT

21 The provision of facilities for young people will help address the Strategic Community Plan theme ‘Connect’, which has the aspiration of “a connected and inclusive community where diversity is welcome” and the objective of ‘varied and accessible community events, services

and facilities’.

22 The BMX track at Kent Street Weir occupies an area of approximately 2,300m2. It was designed to be a low-key, informal facility and was relatively inexpensive to construct. By comparison, the new skate plaza at Burrendah Park in Willetton will occupy an area of approximately 900m2. It is designed as part of a high profile, intensely developed urban site and is estimated to cost between $600,000 and $700,000.

23 The new facility at Burrendah Park is not designed to replicate the existing skate bowl nearby and, while it will be useable for parkour style bike riding, skate bowl provision will also need to be considered in future planning for the youth of the City.

VOTING REQUIREMENT

24 Simple majority.


25 Not applicable.


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EN-003-20 Carried Motion from the Annual General Meeting of Electors 21 January 2020 - To allocate funding in the Draft 2020-2021 Budget to replace and install out dated play equipment over the next four years

EN-003-20



SUB PROGRAM: Parks & Place Improvement Canning

FILE REF: Q20/18


REPORTING OFFICERS: Pam Walker - Parks Technical Officer

Mary Ross - Manager Natural Areas and Conservation


Strategic Plan Theme: CONNECT - An inclusive, safe and vibrant community. Community Goal: A safe and healthy community. Council Strategy: Improved health and wellbeing.



Attachments: Nil.

In Brief:

The Annual General Meeting of Electors on 21 January 2020 voted in favour of the following motion:

“MOVED Mr R Aldridge, SECONDED Mrs M Aldridge, that the ratepayers here tonight if this motion is carried decide that City of Canning:

1. Recognises that 43% of the playgrounds in the City of Canning are in need of playground equipment replacement because the equipment has exceeded its 15 year useful lifespan.

2. Authorises the CEO to allocate $3.75m funding in the draft 2020-2021 Budget for Council’s consideration which would be necessary to replace and install out dated equipment.

3. Authorises the CEO to direct the appropriate department and or people to undertake playground equipment replacement to be completed over the next four years.

CARRIED BY SIMPLATE MAJORITY 9/0”

The draft Play Provision Strategy (2020) (‘draft Strategy’) proposes that replacement of the identified ageing playgrounds would require a minimum $1,800,000 ($450,000 per year if staged over a four year period) and over the following six years, an average of $150,000 per year would be required to replace further ageing infrastructure.


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That Council:

1. Notes the Motion carried at the Annual General Meeting of Electors on 21 January 2020, regarding the provision of adequate funding for the replacement of 43% of the City’s playgrounds over the next four years as the equipment has exceeded its 15 year useful lifespan.

2. Notes that the draft Play Provision Strategy (2020) recommends that the Long Term Financial Plan and Forward Capital Works Plan be updated to provide for the renewal of ageing playgrounds over the next ten years, and to provide new playgrounds to meet future needs.

BACKGROUND

1 There are 142 playgrounds within the City of Canning. A draft Strategy has been developed following analysis of the City’s playground infrastructure, research on current trends in play provision and with input from the community.

2 The draft Strategy aims to guide the renewal and upgrading of existing playgrounds and the future provision of new public playgrounds, and it recommends including adequate allocations in the Long Term Financial Plan and Forward Capital Works plan to renew ageing playgrounds and to provide new playgrounds to meet future needs

3 A Community Survey seeking comment on the draft Strategy opened on 23 December 2019 and will close on 16 February 2020.

4 A review of the public comment received will be prepared for a Council Agenda Briefing on 10 March 2020, and a report will be presented at the Ordinary Council Meeting on 17 March 2020 for consideration.

DETAILS

5 The Annual General Meeting of Electors was held on 21 January 2020. The electors voted on the following motion:

“MOVED Mr R Aldridge SECONDED Mrs M Aldridge:

That the ratepayers here tonight, if this motion is carried, decide that the City of Canning:

1. Recognises that 43% of the playgrounds in the City of Canning are in need of playground equipment replacement because the equipment has exceeded its 15 year useful lifespan.

2. Authorises the CEO to allocate $3.75m funding in the draft 2020-2021 Budget for Council’s consideration which would be necessary to replace and install out dated equipment.

3. Authorises the CEO to direct the appropriate department and or people to undertake playground equipment replacement to be completed over the next four years.


6 43% of the City’s playgrounds were installed prior to 2001. From 2001, the City’s investment in play facilities has decreased, leading to a situation where the majority of this asset class is ageing, with significant investment in playground infrastructure required in the short term.


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7 It should be noted that there is an active maintenance program for playgrounds and they are audited regularly by an external auditor. The last audit identified that the majority of playgrounds are in average condition and they are maintained in a safe condition.

8 Replacing the City’s ageing play facilities is a priority recommendation of the draft Strategy, to ensure that they are fit for purpose with regard to evolving playground trends and community needs.

9 The draft Strategy also proposes to develop a playground renewal program that will prioritise renewals based on age and condition, which incorporates the City’s Asset Management Plan and aligns with current trends in play provision.

10 Based on the industry standard useful life of playgrounds (15 years), for the City to replace the necessary proportion of playgrounds that are already beyond the standard would require a minimum $1,800,000 ($450,000 per year if staged over a four-year period) and over the following six years an average of $150,000 per year would be required to replace further ageing infrastructure.

11 The draft Strategy includes an estimate for the City’s current replacement cost of its playgrounds at over $4,000,000.

CONSIDERATIONS

Legal Compliance

12 This report is provided to Council to meet the following requirement of the Local Government Act:


‘(1) All decisions made at an electors meeting are to be considered at the next ordinary council meeting or, if that is not practicable –



(2) If at a meeting of the council a local government makes a decision in response to a decision made at an electors’ meeting, the reasons for the decision are to be recorded in the minutes of council meeting.’

Policy Implications

13 The draft Strategy relates to administrative policies ET 522 Park Management - Fencing of Parks Reserves and Playgrounds and ET 525 Trees in Streets Thoroughfares and Parks.

14 All City infrastructure is managed under the guidance of Policy FM.07 Asset Management


Business Plan

15 The draft Strategy includes a playground renewal program and recommendations to provide additional playgrounds to meet future needs. Budget allocation for new and the renewal of playgrounds is recommended to be placed on the City’s Forward Capital Works Plan to inform the Long Term Financial Plan as an even spread over 10 years.

Internal Budget

16 The majority of the actions relating to management of the planning for playground replacement can be implemented with existing internal staff resources.


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EN-003-20

Asset Management

17 Assets that may be installed, upgraded or replaced as part of the implementation of the draft Strategy will need to be included in the City’s Asset Management Plans.

18 The City undertakes routine inspections of all its play facilities at each park maintenance visit, and detailed inspections on a quarterly basis. The quarterly inspections ascertain the maintenance required to keep the play facilities at a safe operational standard.

19 The City engages an external auditor biennially to assess the City’s play facilities for compliance with Australian Standards for Playground Equipment and Surfacing (Standards Australia, 4685: 2017), and to identify risks and priorities in order to keep the playgrounds safe.

20 The City also engages an external structural engineer to assess the structural integrity of the below and above-surface playground support structures.


21 The draft Strategy will be implemented in accordance with the City’s Sustainability Policy (CM194) in alignment with the policy’s sustainability commitments.

22 These include seeking to trial innovative ways of providing play opportunities, assessing the projected future needs to 2036 as a commitment to intergenerational equity and continuing to use non-compacting sand for most playground undersurfacing, which reduces the use of synthetic undersurfacing materials.

23 The draft Strategy also proposes to plant shade trees to assist with an increase in urban canopy and provide opportunities for residents to walk to playgrounds to reduce reliance on vehicles. Procurement of local products will be undertaken where appropriate and partnerships with industry stakeholders, community members, universities and other organisations will be explored.

Consultation

24 As part of the preparation of the draft Strategy a comprehensive community engagement program was undertaken from October 2018 to January 2019. A total of 179 residents completed the online survey and the City held an accessibility and inclusivity workshop in March 2019.

25 The engagement program addressed the City’s current play provision, levels of community satisfaction, dislikes and likes, types of play preferred and accessibility.

26 A Community Survey of the draft Strategy opened on 23 December 2019 and will close on 16 February 2020.

27 A review of the public comment received will be prepared for a Council Agenda Briefing on 10 March 2020, and a report will be presented at the Ordinary Meeting of Council on 17 March 2020 for consideration.


28 Not applicable.

COMMENT

29 The motion passed at the Annual General Meeting of Electors meeting on 21 January 2020, proposes that the Chief Executive Officer allocate $3.75m funding in the draft 2020-2021 Budget to replace out dated equipment.


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EN-003-20

30 With 25% of play grounds installed between 1990 and 1995, and 18% installed between 1995 and 2000, well beyond the industry standard 15 year useful life, over 43% of playgrounds are in need of replacement.

31 Based on the industry standard useful life of playgrounds (15 years), the draft Strategy notes that for the City to replace the necessary proportion of playgrounds that are already beyond the standard would require a minimum $1,800,000 ($450,000 per year if staged over a four-year period) and over the following six years an average of $150,000 per year would be required to replace further ageing infrastructure.

32 The City’s proposed allocation of renewal costs spreads the replacement cost of these playgrounds over a four year period instead of replacing all aged playgrounds in one year.

33 To replace all playgrounds identified in the draft Strategy in a four year time period would cause significant disruption to playground users from widespread construction works and would likely require the redirection of existing staff resources from other projects.

34 Furthermore, a staggered replacement program is required to avoid the need to replace 43% of the City’s playgrounds at one time, in 15 years time.

VOTING REQUIREMENT

35 Simple majority.


36 Not applicable.


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NOM-001-20 Upgrade Works to Coker Park NOM-001-20

8. NOTICE OF MOTIONS FOR CONSIDERATION AT THE NEXT ORDINARY COUNCIL MEETING

NOM-001-20 Upgrade Works to Coker Park

FILE REF: Q20/10



ATTACHMENTS Nil.

In accordance with Clause 4.13 of the City of Canning Standing Orders Local Law 2015,

Cr Bain has submitted the following Notice of Motion:

NOTICE OF MOTION

That Council:

1. Ensures that the Coker Park clubroom and change rooms are the first priority for the Large Grants Round 2020.

2. Endorses upgrading the lighting at Coker Park this year as one of its Sports Lighting Upgrade Projects 2020.

CR BAIN RATIONALE

1 The City of Canning (‘the City’) has identified Coker Park as in need of significant upgrade works to its clubroom and change rooms. Coker Park was deemed ineligible for the Department of Local Government, Sport and Cultural Industries (‘DLGSC’) Small Grants Program 2020-2021, as it did not fit within the funding limits owing to the amount of works required to improve the facilities at this site (Ordinary Council Meeting Agenda 10 December 2019, p85). Only the approval of a large grant by Council will provide the funds needed to upgrade this site.

2 The City has already produced concept plans for an upgrade to the Coker Park clubroom and change rooms which it has distributed to the clubs for feedback. In December 2019, the City met with club representatives onsite to discuss current constraints and appropriate changes, to allow for a more inclusive and functional facility at the site.

3 The lights at Coker Park have been recognised by the City as in need of improvement and are on the priority list for Sports Upgrade Lighting Projects 2020. Improved lighting will enhance public safety and enable greater public use of the Park for recreation, as well as allow sporting clubs to train during the cool of the evening/night.

4 An upgrade is essential for improving facility usability for female participants. The Coker Park change room shower and toilet facilities have no female amenities. There are no privacy screens in the showers. This common wet area does not meet standard compliance for the facility’s current and future requirements, and negatively impacts female participation at this site.

5 The Cannington Tigers Cricket Club (‘CTCC’) is seeking to introduce female players through their junior ranks with the intention of setting up a Senior Women’s team, but is unable to do so due to the lack of inclusive facilities. So too are their aspirations for more junior players/teams, these aspirations are on hold until the Coker Park facilities are upgraded.


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6 The showers have broken and old tiles, fixtures and hardware as well as poor plumbing, whilst toilets contain broken and old pans. The dilapidated state of the facilities at Coker Park were a contributing factor to the Queens Park Women’s Football Club’s application to participate in the 2020 National Premier League being denied.

7 Other benefits to an upgrade of the Coker Park facilities include improved safety for user groups and the general public. The public toilets at the site fall well short of community expectations of a safe, usable public facility. There are broken toilet taps and the pans are old and dirty, whilst swarms of mosquitoes take advantage of this dimly lit, damp space. The entrance doors do not automatically lock at night and require manual locking by either club members or City Rangers.

8 Coker Park also has a number of cricket practise nets which are utilised by both the public, social cricket clubs and the CTCC. There are practise nets located on the opposite side of the oval from the clubrooms, which are in a state of disrepair and cannot be used as they are unsafe. The practise nets nearest to the clubrooms are in poor condition and only partially surfaced. There is no water fountain near the practise nets for participants to use.

9 The Coker Park facilities have no provision for separate referee change rooms, a prerequisite for club participation in higher grades/competitions for both cricket and football.

10 With over 20,000 new residents expected to call the Cannington area home in the future, a modern sports and recreation facility is essential for meeting the physical activity and recreation needs of this growing community. Coker Park has the only public sporting fields in Cannington. The current clubroom and change rooms, built in the early 1980’s are unsuitable and incapable of facilitating any increase in sporting participation.

11 A major opportunity exists for the City to include a contemporary, outdoor sporting facility and large, accessible public green space as part of the new Canning City Centre. An upgraded Coker Park with improved lighting and sporting infrastructure would complement and connect the redeveloped Cecil Avenue, Cannington Leisureplex and the Wharf Street Basin Next Generation Community Park - forming a signature sports and recreational precinct in the Canning City Centre.

OFFICER COMMENT

12 Officers support Cr Bain’s Notice of Motion.

13 There can be no dispute that the change room facilities at Coker Park are dated and do not meet contemporary expectations, particularly with regard to the provision of amenities for women’s sport and game officials. It should be noted however, that the change rooms are regularly cleaned and maintained in a functional state by the Clean Canning sub program.

14 Officer’s, mindful of the above, have already begun preliminary design work to -

1) Enable a fourth change room on site allowing for four teams to have the ability to use the change rooms.

2) Accommodate gender neutral facilities for sporting clubs.

3) Provide better public toilet facilities – including universal access.

4) Provide a separate Umpires Change Room.

5) Upgrade of out-dated fixtures and fittings.

6) Afford storage space for clubs.

15 A Concept Floor Plan has been produced with feedback from sporting clubs taken on board and a cost estimate of $750,000 ex GST has been determined.


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16 Officers have previously advised Elected Members as to the City’s Sports Lighting Priority List, which identifies Coker Park as the highest priority in 2020-2021 for an upgrade to sports lighting to the reserve for football (soccer) and cricket. As per the budget process, Coker Park will be put forward by staff for funding in the 2020-2021 financial year.

17 In terms of the Canning City Centre, Coker Park is the only large active public open space within the area. An additional 25,000 residents can be accommodated within the boundaries of the Canning City Centre Activity Centre Plan (‘CCCACP’); however this growth will be incremental and will occur over a number of decades.

18 The CCCACP allows for medium to high density development adjacent to the park and the majority of the new residents will be within walking distance (800m) of the park. It is anticipated that demand for sport and recreation activities, along with less structured active and passive use, will continue to increase.

19 Whilst developers will be required to provide common property areas within their developments to meet some of the recreational needs of their residents (landscaped gardens, meeting areas, BBQ facilities, gazebos, gyms and the like), there will always be a need for residents to access larger recreational areas.

20 The park would benefit from an overall Master Plan which seeks to identify opportunities for improvements to meet the future needs of a growing community. It is believed that the upgrade to the change room facilities could be considered in the mean time without compromising the future use of the Park.

21 As of January 2020, the Forward Planning timeline has yet to be confirmed by the Department of Local Government, Sport and Cultural Industries, but is expected to follow a similar timeline to last year’s round, with applications due on the last business day in September.

22 The project currently needs to go through the City’s Asset Management, Project Prioritisation Matrix and master planning processes before it can be submitted to the Council for endorsement in August. Council endorsement will also require confirmation of the City’s financial commitment that the funding application requires.

23 The CSRFF Forward Planning Program will fund a maximum one third of the total eligible project costs. The minimum funding amount is $166,667 ex GST, with a maximum amount of $2 million ex GST. This program will allow the City to nominate its preferred year(s) to claim the funds, depending on which financial year the City intends to commence construction.

24 Though the City can nominate its preferred year(s) to claim the funds in the application, this does not guarantee that this will coincide with the offer should the application be successful. The application will also require evidence of a sinking fund, and provide a life cycle cost analysis.


25 Not applicable.


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NOM-002-20 Request for Removal of Street Tree at 105 Southacre Drive, Canning Vale

NOM-002-20


FILE REF: Q20/21



ATTACHMENTS Nil.

In accordance with Clause 4.13 of the City of Canning Standing Orders Local Law 2015, Cr Porter has submitted the following Notice of Motion:

NOTICE OF MOTION

That Council:

1. Approves the applicant’s request for removal of the London Plane (Platanus x acerifolia) street tree at 105 Southacre Drive, Canning Vale.

2. Requests the Chief Executive Officer to review policy ET525 Streetscape and Park Management - Trees in Streets Thoroughfares and Parks (Decision Reference OCM 16 August 2016 IE-049-16).

a) Amendment to subclause (7.6) - Except for removals approved under Clauses 7.(3) and 7.(5), live trees in parks, on street verges and medians will only be removed when no further remedial techniques such as pruning will resolve a problem. Such problems include: trees that are severely diseased, trees that are in terminal decline, trees that are structurally unsound, trees that are damaging private property, trees that are considered unsuitable due to interference with public utilities and trees that can be proven to have significantly negatively affected an individual resident or property owner’s quality of life.

b) Amendment to subclause (7.2) - Except where tree removal meets the requirements of Clause 7(6), when Council determines to remove a park or street tree at the request of the adjacent property owner or other individual, all costs associated with the removal shall be borne by the applicant. The applicant must also bear the full cost of replanting additional trees to offset the total loss of the existing canopy.


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NOM-002-20

CR PORTER RATIONALE

1 At the December 2019 Ordinary Council Meeting, report number EN-034-19 Request for Removal of Street Tree – 105 Southacre Drive, Canning Vale was presented to Council for determination.

2 The following decision was made:

“MOVED Cr Kunze, SECONDED Cr Sweeney, that Council:

1. Refuses the applicant’s request for removal of the London Plane (Platanus x acerifolia) street tree at 105 Southacre Drive, Canning Vale.

2. Requests the Chief Executive Officer to install root barrier to protect the resident’s assets from tree root intrusion and manage potential root intrusion through annual arboricultural inspections and root pruning as required.

LOST 3/7

For: Crs Kunze, Saberi, Sweeney

Against: Mayor Hall, Deputy Mayor Jacobs, Crs Bain, Barry, Holland, Ponnuthurai, Porter”

3 The implications of this decision are that the Administration has no authority to remove the relevant tree under existing Policy ET525 Streetscape and Park Management - Trees in Streets Thoroughfares and Parks.

4 Our residents have a right to enjoy the use of their property without undue hardships. By removing this one problem tree, it will significantly reduce the cost of fixing the adjacent property owner’s pavement, walls and all the costs required to cut back the trees and roots that have caused this damage. The City will also gain two trees that the resident will no doubt cherish and in the future add value to Canning instead of reducing it.

5 For many years the lack of options for residents to remove a problem tree has caused them great harm when it could have been easily been addressed by removing the problematic tree and planting appropriate trees. One of the biggest arguments against removing a tree is that they are mature and we will lose canopy cover but the loss can just be temporary, by planting enough new trees we can replace the loss while also gaining more as they mature.

OFFICER COMMENT

Part 1 - Officers do not support Cr Porter’s Point 1 of the Notice of Motion.

6 Report EN-034-19 clearly articulates the preservation works the City has undertaken to maintain the tree, according to the current Policy ET525 Streetscape and Park Management – Trees in Streets, Thoroughfares and Parks.

7 In July 2019, the City’s Manager Landscape Operations met with Mr Thompson on site to discuss the request for removal of the street tree, where Mr Thompson presented a petition for the removal of the street tree. An offer to undertake canopy reduction as well as installation of root barrier to prevent intrusion of tree roots was offered to Mr Thompson, but the offer was declined.

8 Mr Thompson was advised that the City has stewardship over street trees and has an obligation to manage them responsibly on behalf of the broader community. The Manager Landscape Operations explained the City has one of the lowest amounts of tree canopy cover in the metropolitan area, and that the City has a Strategic Community Plan objective to increase the amount of canopy cover. One of the most important actions the City can do to increase tree canopy cover is to protect and retain existing trees.


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NOM-002-20

9 Policy ET525 Streetscape and Park Management – Trees in Streets, Thoroughfares and Parks, provides the framework for decisions regarding the management of trees. The Policy sets out the below principle:

“3(1) when the value of a tree is assessed, the environmental and aesthetic contributions it provides to the community will be considered in addition to its effect on any individual resident or property owner.”

10 The following Clauses from Policy ET525 Streetscape and Park Management – Trees in Streets, Thoroughfares and Parks, are relevant to the tree removal aspect of this report:

“7(2) Except where the tree removal meets the requirements of Clause 7(6), when Council determines to remove a park or street tree at the request of the adjacent property owner or other individual, all costs associated with the removal and replacement shall be borne by the applicant.

7(6) Except for removals approved under Clauses 7(3) and 7(5), live trees in parks, on street verges and medians will only be removed when no further remedial techniques, such as pruning, will resolve a problem. Such problems include: trees that are severely diseased, trees that are in terminal decline, trees that are structurally unsound, trees that are clearly damaging private property, and trees that are considered unsuitable due to interference with public utilities.

7(9) Trees will not be removed by the City because:

(a) of nuisance caused by leaf, fruit or twig drop.”

11 The following Clause from Policy ET525 Streetscape and Park Management – Trees in Streets, Thoroughfares and Parks, is relevant to replacing the tree, should its removal be approved:

“5(4) Where existing trees are removed they will be replaced with two trees somewhere in the City when possible. Where possible and appropriate, a replacement tree will be planted at the same location.”

12 The verge of the property is approximately 34m long. It would therefore be feasible for two street trees to be planted adjacent to the property.

13 An Arboricultural Report recently undertaken on the London Plane street tree located at 105 Southacre Drive, Canning Vale recommends retention of the tree with annual attendance to inspect, and undertake root pruning to manage the risk of street tree roots encroaching onto private property. The cost to the City for root pruning this tree is currently $442.33.

14 Southacre Drive is one of the thoroughfares through Canning Vale which was planted with London Plane trees approximately 24 years ago. The vision of the developer and supported by the City at the time, was to create high amenity shady tree lined streets.

15 The City’s Urban Forest Strategy has identified Canning Vale as being relatively hotter than surrounding suburbs, through recent remote sensing thermal imaging testing. This is largely due to Canning Vale having one of the lowest suburban canopy covers in the City (4.7%), as such leading to a lower ratio of tree canopy cover to heat absorbing surfaces such as roads, roofs and footpaths.

16 Trees are relatively slow growing and take many years to form substantial canopies similar to those found on Southacre Drive. The City’s Officers place high value on its living assets and the contribution they make to the Urban Forest including economic, health and social, environmental, cultural and aesthetic value. The most significant input to achieving the City’s goal of increasing tree canopy cover is to preserve the existing tree canopy wherever possible.


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NOM-002-20

17 Continued removal of mature trees will, amongst many other documented effects:

1. Compromise the City’s goal of canopy increase in line with the endorsed Urban Forest Strategy.

2. Exacerbate effects of climate change.

3. Increase the Heat Island Effect.

Part 2 - Officers support in part Cr Porter’s Point 2 of the Notice of Motion

18 Officers do not support the part 2(a) of the Notice of Motion which proposes an amendment to Sub Clause 7.6 of the Policy.

‘live trees in parks, on street verges and medians will only be removed when no further remedial techniques such as pruning will resolve a problem. Such problems include … and trees that can be proven to have significantly negatively affected an individual resident or property owner’s quality of life.’

19 To be effective the policy needs to provide clear, objective and measurable parameters for officers to use to determine requests for tree removal. The concept of ‘quality of life’ is naturally subjective; it would be difficult to measure the degree of significance in individual cases and hard to define what would be sufficient proof of a significant negative effect. Referral to Council for matters of this type is considered to be the appropriate course of action.

20 Officers support the review of Policy ET525 Streetscape and Park Management – Trees in Streets, Thoroughfares and Parks to include an amendment to sub clause 7(2).

21 At the November 2019 Ordinary Council Meeting, Council unanimously voted to endorse the City’s inaugural Urban Forest Strategy. This Strategy outlines projections and targets for the creation and enhancement of a resilient urban forest over the next 20 years.

22 To support this Strategy a review of the current Policy is recommended to update it in keeping with the intent of the Strategy.

23 The Strategy has identified that streetscapes and public open space offer the greatest opportunities to enhance urban canopy and green infrastructure.

24 The Strategy sets targets for increasing canopy cover in streetscapes from 6.1% to 12.9%, an increase of more than 110% by 2039.

25 One of the key actions that can be implemented to achieve an increase in tree canopy cover is to protect existing mature trees.

26 The financial implications of requiring the applicant to bear the full cost of replanting of additional trees to offset the total loss of the existing canopy are considerable. In the example of the tree at 105 Southacre Drive, the existing canopy has an approximate area of 110m2. A standard 35 litre tree has a canopy area of approximately 0.5m. To replace the canopy area of the existing tree would require the planting of 220 new trees. The current cost of supplying and planting a tree is $247.01; hence the cost of the replanting 220 trees would be $54,342.20. Were the volume of the canopy to be calculated by volume rather than the area, the costs would be higher again, however determining canopy volume is technically more difficult and time consuming.

27 As an alternative to requiring the applicant to pay the full cost of canopy replacement, the applicant could be required to pay the cost of the amenity value of the tree to be removed and the proceeds directed to the City's proposed Urban Forest Fund. There are several recognised methods for calculating the value of amenity trees.


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28 As an example, one method that is used by the City of Greater Bendigo, based on the City of Melbourne's Amenity Value Formula, gave a value of $12,453.15 (ex GST) for the street tree at 105 Southacre Drive. If the removal costs and cost to replace the existing tree are added, the total cost to the applicant would be $14,662.15 (inc GST).

29 The second point of the Notice of Motion can support the preservation of canopy cover in two ways:

1. No net loss of canopy coverage as the whole canopy will be replaced immediately and ultimately increased as the new trees mature.

2. Deter residents requesting removal due to the cost of the replacement canopy.


30 Not applicable.


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9. URGENT BUSINESS

10. CONFIDENTIAL MATTERS

Nil.

11. CLOSURE