COUNCIL - meetings.cityofsydney.nsw.gov.au...Nov 13, 2017 · The City was also recognised recently for quality public domain projects at the Landscape Architecture Awards. The AILA

COUNCIL

Meeting No 10

Monday 13 November 2017 Notice No 10/1590

Notice Date 9 November 2017

Monday 13 November 2017

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INDEX TO MINUTES

ITEM PAGE NO 1. CONFIRMATION OF MINUTES ........................................................................ 652

2. DISCLOSURES OF INTEREST ......................................................................... 652

3. MINUTES BY THE LORD MAYOR

3.1 AWARD RECOGNITION FOR CITY PROJECTS .................................. 654

4. MEMORANDA BY THE CHIEF EXECUTIVE OFFICER ................................... 656

5. MATTERS FOR TABLING ................................................................................ 657

6. REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 6 NOVEMBER 2017 ................................................ 658

6.1 DISCLOSURES OF INTEREST ............................................................. 659

6.2 2017/18 QUARTER 1 REVIEW - DELIVERY PROGRAM 2017-2021 ........................................................................................................ 659

6.3 INVESTMENTS HELD AS AT 31 OCTOBER 2017 ............................... 660

6.4 PUBLIC PRESENTATION OF THE 2016/17 FINANCIAL STATEMENTS AND AUDITOR’S REPORTS ....................................... 660

6.5 AUDIT RISK AND COMPLIANCE COMMITTEE - ANNUAL REPORT TO COUNCIL - 2016/17 ......................................................... 660

6.6 NEW STREET FURNITURE CONTRACT ............................................. 661

6.7 GREEN SQUARE TRUNK STORMWATER DRAIN - SCOPE CHANGES .............................................................................................. 661

6.8 TENDER – REJECT AND NEGOTIATE – PROPERTY MANAGEMENT SERVICES .................................................................. 662

6.9 TENDER – REJECT AND NEGOTIATE - FACILITY MANAGEMENT SERVICES .................................................................. 663

6.10 EXTENSION TO CONTRACT – PRIME WATER HYDRAULIC SERVICE CONTRACT ........................................................................... 663

6.11 EXTENSION TO CONTRACT – ROMTECK FIRE MONITORING SERVICE CONTRACT ........................................................................... 664

6.12 EXTENSION TO CONTRACT – DATA NETWORK SERVICES CONTRACT ........................................................................................... 664

6.13 EXPRESSION OF INTEREST – PREFERRED COMMUNITY HOUSING PROVIDER FOR THE SOUTHERN RESIDUE LANDS AT 338 BOTANY ROAD, ALEXANDRIA ............................................... 664


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INDEX TO MINUTES

ITEM PAGE NO 6.14 VARIATION REQUEST - WATER FEATURES MAINTENANCE

CONTRACT ........................................................................................... 665

6.15 KNOWLEDGE EXCHANGE SPONSORSHIP - 2018 CHINA AUSTRALIA MILLENNIAL PROJECT - CAMP .................................... 665

6.16 KNOWLEDGE EXCHANGE SPONSORSHIP - 2018 ASIA INSIGHTS WORKSHOPS ...................................................................... 666

6.17 BUSINESS EVENT SPONSORSHIP – CEBIT AUSTRALIA 2018-2020 ........................................................................................................ 666

7. REPORT OF THE ENVIRONMENT COMMITTEE - 6 NOVEMBER 2017 ........ 667


7.2 WATERLOO PARK OUTDOOR FITNESS HUB – ENDORSEMENT OF PROJECT SCOPE .............................................. 668

8. REPORT OF THE CULTURAL AND COMMUNITY COMMITTEE - 6 NOVEMBER 2017 ............................................................................................. 669


8.2 COMMUNITY SERVICES GRANT - REDFERN LEGAL CENTRE - EXTENSION OF MILLERS POINT TENANT SUPPORT ..................... 670

9. REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE - 6 NOVEMBER 2017 ............................................................................................. 671


9.2 PLANNING PROPOSAL: SYDNEY LOCAL ENVIRONMENTAL PLAN 2012 – BIDURA CHILDREN’S COURT & METROPOLITAN REMAND CENTRE – 357 GLEBE POINT ROAD, GLEBE ................... 672

9.3 FIRE SAFETY REPORTS ...................................................................... 674

9.4 DEVELOPMENT APPLICATION: 437-443 WATTLE STREET ULTIMO .................................................................................................. 675

9.5 DEVELOPMENT APPLICATION: 552-554 BOTANY ROAD ALEXANDRIA ........................................................................................ 677

10. PROPOSED SCHEDULE OF MEETINGS AND BRIEFINGS FOR 2018 ......... 681

11. QUESTIONS ON NOTICE ................................................................................. 685

12. SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS ........................ 691

13. NOTICES OF MOTION ...................................................................................... 700


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PRESENT

The Right Hon The Lord Mayor Councillor Clover Moore (Chair)

Councillors - Christine Forster, Robert Kok, Jess Miller, Prof Kerryn Phelps AM, Linda Scott, Jess Scully, Philip Thalis and Angela Vithoulkas.

At the commencement of business at 5.06pm, those present were:-

The Lord Mayor, Councillors Forster, Kok, Miller, Phelps, Scott, Scully, Thalis and Vithoulkas.

Councillor Forster left the meeting of Council at 8.28pm, during discussion on Item 13.7, and returned to the meeting at 8.29pm, at the conclusion of Item 13.7.

The Chief Executive Officer, Chief Operating Officer, Chief Financial Officer, Director City Operations, Director Legal and Governance, Director City Planning, Development and Transport, Director City Projects and Property, Director Workforce and Information Services, Acting Director City Engagement and Acting Director City Life were also present.

Opening Prayer

The Lord Mayor opened the meeting with prayer and an acknowledgement of country.

Apologies

Councillor Craig Chung extended his apologies for his inability to attend the meeting of Council as he was overseas. Moved by the Chair (the Lord Mayor), seconded by Councillor Miller – That the apology from Councillor Chung be accepted and a leave of absence from the meeting be granted. Carried unanimously.

ITEM 1 CONFIRMATION OF MINUTES

Moved by Councillor Scully, seconded by Councillor Thalis – That the minutes of the meeting of Council of Monday 23 October 2017, as circulated to Councillors, be confirmed. Carried unanimously. ITEM 2 DISCLOSURES OF INTEREST

(a) Section 451 of the Local Government Act 1993 Councillor Linda Scott declared a less than significant, non-pecuniary interest in Item 6.2 on the agenda, 2017/18 Quarter 1 Review, in that she is employed by the University of Sydney, and information of grants included as part of this item relate to her employer, but that her role does not involve any contact with or relationship to these grants.


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No other Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting Council. (b) Local Government and Planning Legislation Amendment (Political Donations)

Act 2008

No disclosures were made by any members of the public at this meeting of Council.


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ITEM 3.1 AWARD RECOGNITION FOR CITY PROJECTS

FILE NO: S051491

MINUTE BY THE LORD MAYOR

To Council:

The City’s commitment to state of the art public infrastructure has been recognised over the past few months at a number of industry awards, including the Master Builders Association Awards and Institute of Architects National Awards.

Design Excellence is one of our core principles in developing new public infrastructure projects. It will ensure Sydney maintains its place as one of the most outstanding cities in the world. Design excellence contributes to the livability of the city, benefiting everyone who lives, works and visits Sydney. We have been raising the bar on our own projects for some time and we keep lifting it higher.

The National Architecture Awards have been held annually since 1981. These awards are the most prestigious in the design and construction industry. The National Architecture Awards recognise and celebrate outstanding achievements and excellence in architecture.

This year, the following City of Sydney projects have been recognised:

• Australian Institute of Architects National Awards – East Sydney Early Learning Centre – Educational Architectural Category – the Daryl Jackson Award.

• Australian Institute of Architects National Awards – Juanita Nielsen Centre – Public Architecture.

• Australian Institute of Architects National Awards – Juanita Nielsen Centre – Heritage Category.

It is important to acknowledge the brilliant work of the architects who worked with City staff on the above projects. I would like to congratulate Neeson Murcutt Architects for the Juanita Nielsen Centre and Andrew Burgess Architects for the East Sydney Early Learning Centre.

Excellent design is only part of the journey in delivering public infrastructure. The City also needs capable contractors who can turn these designs into reality, while dealing with site conditions and constructability challenges.

The Master Builders Association of NSW organises and promotes a comprehensive awards program for the building and construction industry. These awards are one of the industry’s oldest awards program and are recognised throughout the industry as the hallmark annual event that is highly contested in all sectors. The MBA’s award program encourages and promotes excellence in construction, workmanship and innovation.

This year the following City of Sydney projects have been recognised:

• Master Builders Association Awards – Juanita Nielsen Centre – Best Heritage Restoration (Under $10M Category).


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• Master Builders Association Awards - Fraser Fountain Restoration – Best Heritage Restoration (Under $5M Category).

• Master Builders Association Awards – Easy Sydney Early Learning Centre – Best Childcare Facility Between (Under $15M Category).

The MBA awards are a tribute to the workmanship and innovation in construction by the City’s contractors who worked on these projects. I would like to congratulate Belmadar Pty Ltd for the East Sydney Early Learning Centre, GrowthBuilt Contractors for the Juanita Nielsen Centre and HBS Group Pty Ltd for the Fraser Fountain Restoration Project.

The City was also recognised recently for quality public domain projects at the Landscape Architecture Awards. The AILA Landscape Architecture Awards program provides a key vehicle for the promotion of the achievements and work of landscape architects in Australia. It is a celebration of the leading projects shaping green, open and public spaces. The annual awards program acknowledges the growing impact of landscape architecture on the spaces we inhabit.

This year, the Hyde Park Pool of Reflection upgrade designed by Turf Design Studio and Environmental Partnership collaboration (TDEP) received the New South Wales Landscape Architecture Awards in the category of Cultural Heritage Landscape Architecture Award.

This was followed by the City’s success in the LNA Landscape Excellence Construction Awards. The LNA Masters Landscapers Association Awards aim to raise public perception of the Landscape Industry via increased quality in landscape construction works. The City’s Renwick Street Playground delivered by Wilson Pedersen Landscapes Pty Ltd was recognised with the award in the Commercial and Civil Construction Category (up to $250,000).

The success of these projects relies on City staff who have worked on them from their conception stage to delivery. We should congratulate them. They include:

Amit Chanan, Belinda Graham, Cathy Rush, Chris Thomas, Damon La’Rance, Felicity Gartelmann, Irene Farkas, Jason Green, Kevin Chahoud, Lise Morgan, Luan Trinh, Matthew Gribben, Marie Stucci, Paula Yu, Peter Cooper, Samantha Carroll, Sarah Scott, and Sophie Spinks.

RECOMMENDATION

It is resolved that Council:

(A) note the City’s success at this year's National Architecture Awards, Master Builders Association Awards and Landscape Architecture Awards; and

(B) congratulate and thank the Chief Executive Officer, City staff and consultants and contractors for their work on these important projects.

COUNCILLOR CLOVER MOORE Lord Mayor

Moved by the Chair (the Lord Mayor), seconded by Councillor Kok –

That the Minute by the Lord Mayor be endorsed and adopted.

Carried unanimously.


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ITEM 4 MEMORANDA BY THE CHIEF EXECUTIVE OFFICER

There were no Memoranda by the Chief Executive Officer for this meeting of Council.


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ITEM 5 MATTERS FOR TABLING

5.1 Disclosures of Interest Moved by the Chair (the Lord Mayor), seconded by Councillor Kok – It is resolved that the Disclosures of Interest returns be received and noted. Carried.

5.2 Petitions City of Sydney assistance for businesses and residents impacted by light rail construction The following Petition, of which notice was given by Councillor Vithoulkas, was laid on the table: Attention - City of Sydney. We request that the City of Sydney immediately appoints a member of staff as a Light Rail Construction Liaison Officer, to liaise on behalf of City of Sydney residents and businesses with Transport for NSW about construction issues and questions. We request that contact details of that person be added to the City of Sydney website in a prominent position. Moved by the Chair (the Lord Mayor), seconded by Councillor Vithoulkas – It is resolved that the Petition be received and noted. Carried.


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ITEM 6 REPORT OF THE CORPORATE, FINANCE, PROPERTIES AND TENDERS COMMITTEE - 6 NOVEMBER 2017

PRESENT

The Lord Mayor Councillor Clover Moore (Chair)

Councillor Robert Kok

(Deputy Chair) Councillors Craig Chung, Christine Forster, Prof Kerryn Phelps AM, Linda Scott, Jess Scully, Philip Thalis and Angela Vithoulkas. At the commencement of business at 2.03pm those present were - The Lord Mayor, Councillors Chung, Forster, Kok, Phelps, Scott, Scully, Thalis and Vithoulkas. Councillor Chung left the meeting of the Corporate, Finance, Properties and Tenders Committee at 3.34pm, at the adjournment of the meeting at the conclusion of discussion on Item 6.16, and did not return. Apologies Apologies were extended from Councillor Jess Miller for her inability to attend the meeting of the Corporate, Finance, Properties and Tenders Committee. Moved by the Chair (the Lord Mayor), seconded by Councillor Scully – That the apology from Councillor Miller be accepted and a leave of absence from the meeting be granted. Carried unanimously. Adjournment At 3.34pm, it was moved by the Chair (the Lord Mayor), seconded by Councillor Kok - That the meeting of the Corporate, Finance, Properties and Tenders Committee be adjourned for approximately 15 minutes. Carried unanimously. At the resumption of the meeting of the Corporate, Finance, Properties and Tenders Committee, at 3.53pm, those present were: The Lord Mayor, Councillors Forster, Kok, Phelps, Scott, Scully, Thalis and Vithoulkas. Sub-Committee The Economic Development and Business Sub-Committee, with Councillor Vithoukas as Deputy Chair, commenced at 3.18pm.


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The meeting of the Corporate, Finance, Properties and Tenders Committee and its Sub-Committee concluded at 3.54pm. Report of the Corporate, Finance, Properties and Tenders Committee Moved by Councillor Kok, seconded by Councillor Scully - That the report of the Corporate, Finance, Properties and Tenders Committee of its meeting of 6 November 2017 be received, with Item 6.1 being noted, the recommendations set out below for Items 6.2 to 6.7 inclusive and 6.10 to 6.14 inclusive being adopted and Items 6.8 and 6.9 being dealt with as shown immediately following those items. Carried unanimously.

ITEM 6.1

DISCLOSURES OF INTEREST

Councillor Linda Scott declared a less than significant, non-pecuniary interest on Item 6.2 on the agenda, 2017/18 Quarter 1 Review in that she is employed by the University of Sydney, and information of grants included as part of this item relate to her employer, and that her role does not involve any contact with or relationship to these grants. The Committee recommended the following: ITEM 6.2

2017/18 QUARTER 1 REVIEW - DELIVERY PROGRAM 2017-2021 (S096187)


(A) note the financial performance of Council for the first quarter, ending 30 September 2017, including the Quarter 1 Net Surplus of $31.9M and the full year Net Surplus forecast of $33.8M, as outlined in the subject report and summarised in Attachment A to the subject report;

(B) note the Quarter 1 Capital Works expenditure of $48.4M, a revised full year forecast of $295.1M, and approve the proposed adjustments to the adopted budget, including the transfer of $0.9M from capital works contingency and bringing forward of $14.4M in funds into 2017/18 capital budget, as detailed in Attachment B to the subject report;

(C) note the Information Services capital expenditure of $1.5M, net of disposals, and a full year forecast of $9.0M;

(D) note the Quarter 1 Plant and Assets expenditure of $1.4M, net of disposals, and full year forecast of $20.3M;

(E) note the Quarter 1 Property Divestment of $9.2M; and


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(F) note the supplementary reports, including contracts issued over $50,000, major legal issues and the Quick Response, Banner Pole and Reduced Rate Grant Programs in Quarter 3, as detailed in Attachment C to the subject report.

Carried unanimously. ITEM 6.3

INVESTMENTS HELD AS AT 31 OCTOBER 2017 (X011299)

It is resolved that the Investment Report as at 31 October 2017 be received and noted.


PUBLIC PRESENTATION OF THE 2016/17 FINANCIAL STATEMENTS AND AUDITOR’S REPORTS (X006437)


(A) present the 2016/17 Annual Financial Statements and auditor’s reports to the public; and

(B) adopt the 2016/17 Annual Financial Reports, subject to the receipt of any submissions over the ensuing seven day period.


AUDIT RISK AND COMPLIANCE COMMITTEE - ANNUAL REPORT TO COUNCIL - 2016/17 (S083523)

It is resolved that Council note the Audit Risk and Compliance Committee’s 2016/17 Annual Report, as shown at Attachment A to the subject report.

Carried unanimously. Speakers

Mrs Elizabeth Crouch, Chairperson of the Audit Risk and Compliance Committee, addressed the meeting of the Corporate, Finance, Properties and Tenders Committee on Item 6.5.


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ITEM 6.6

NEW STREET FURNITURE CONTRACT (X003033)


(A) note that the current contracts with JCDecaux expire progressively from 31 December 2018 to 30 June 2019;

(B) note that the revenue from any advertising goes towards the supply, installation and maintenance public furniture within the Local Government Area;

(C) endorse the City going to market with an Expression of Interest and subsequent Tender for the design, manufacture, supply, installation, and maintenance of a new integrated suite of street furniture for a ten year period with one option to extend for a five year period subject to good performance by the new street furniture provider;

(D) note that:

(i) the suite of street furniture items to be designed under the new contract will comprise the following items:

(a) bus shelters; (b) kiosks; (c) automatic public toilets; (d) freestanding advertising bollards; and (e) payphones, subject to negotiations with Telstra; and

(ii) the suite of street furniture items already designed will comprise:

(a) City of Sydney (current adopted Tzannes design) benches; and (b) City of Sydney (current adopted Tzannes design) bins; and

(E) note that the Chief Executive Officer will submit a report to Council with a preferred organisation to be appointed as the new street furniture provider following the completion of a two stage Expression of Interest and tender process in mid-2018.


ITEM 6.7

GREEN SQUARE TRUNK STORMWATER DRAIN - SCOPE CHANGES (S121015)


(A) approve an increase to the budget and contract risk and contingency allowance for Green Square Trunk Stormwater Drain Project as outlined in confidential Attachment B to the subject report;


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(B) approve the proposed additional funds to be brought forward from the future years, as detailed in confidential Attachment B; and

(C) note that Sydney Water is also seeking additional funds from its Board at its November 2017 meeting.

Carried unanimously. Speakers

Mr Mark Simister, addressed the meeting of the Corporate, Finance, Properties and Tenders Committee on Item 6.7.

ITEM 6.8

TENDER – REJECT AND NEGOTIATE – PROPERTY MANAGEMENT SERVICES (S126567)

It is resolved that:

(A) Council reject the tender offers for Property Management Services;

(B) Council not invite fresh tenders on the basis that it is unlikely a more satisfactory result would be achieved;

(C) authority be delegated to the Chief Executive Officer to negotiate, execute and administer the contracts relating to the tender; and

(D) Council be informed of the successful tenderers by CEO Update prior to executing and administering the contracts relating to this tender

At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor Miller -

That the recommendation of the Corporate, Finance, Properties and Tenders Committee be adopted.

Amendment. Moved by Councillor Phelps, seconded by Councillor Forster –

That the motion be amended such that it read as follows:


(A) Council reject the tender offers for Property Management Services;

(B) Council not invite fresh tenders on the basis that it is unlikely a more satisfactory result would be achieved; and

(C) the recommendation for the successful tenderers come back to Council for approval prior to execution and administering the contracts relating to this tender.


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The amendment was lost on the following show of hands –

Ayes (3) Councillors Forster, Phelps and Vithoulkas

Noes (6) The Lord Mayor, Councillors Kok, Miller, Scott, Scully and Thalis.

Amendment lost.

The motion was carried.

ITEM 6.9

TENDER – REJECT AND NEGOTIATE - FACILITY MANAGEMENT SERVICES (S126567)


(A) Council reject the tender offers for Facility Management Services;

(B) Council not invite fresh tenders on the basis that it is unlikely a more satisfactory result would be achieved;

(C) authority be delegated to the Chief Executive Officer to negotiate, execute and administer the contracts relating to the tender; and

(D) Council be informed of the successful tenderers by CEO update prior to executing and administering the contracts relating to this tender.

At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor Scully -

That the recommendation of the Corporate, Finance, Properties and Tenders Committee be adopted.


ITEM 6.10

EXTENSION TO CONTRACT – PRIME WATER HYDRAULIC SERVICE CONTRACT (S072015.001)


(A) Council approve an increase in the contract sum to the incumbent Prime Water (see confidential Attachment A to the subject report for details);

(B) Council note that the City’s property services manager, Brookfield Global Integrated Services, will negotiate, execute and administer a variation to the Hydraulic Services Agreement to provide for the extension of the term in accordance with Council’s approval; and

(C) Attachment A to the subject report remain confidential in accordance with Section 10A(2)(d) of the Local Government Act 1993.



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ITEM 6.11

EXTENSION TO CONTRACT – ROMTECK FIRE MONITORING SERVICE CONTRACT (S072015.004)


(A) Council approve an increase in the contract fee to the incumbent Romteck (see confidential Attachment A to the subject report for details);

(B) Council note that Brookfield Global Integrated Services will negotiate, execute and administer a variation to the Fire Monitoring Services Agreement to provide for the extension of the term and increased fee in accordance with Council’s approval; and



ITEM 6.12

EXTENSION TO CONTRACT – DATA NETWORK SERVICES CONTRACT (S076625)


(A) Council approve a variation of the Data Network Services contract to provide for an increase to the overall contract price for the extension of the contract term; and

(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer the variation of the Data Network Services contract to provide an increase to the overall contract price for the extension of the contract term.


ITEM 6.13

EXPRESSION OF INTEREST – PREFERRED COMMUNITY HOUSING PROVIDER FOR THE SOUTHERN RESIDUE LANDS AT 338 BOTANY ROAD, ALEXANDRIA (S118923)


(A) Council approve the Expression of Interest response from Proponent B as identified in Attachment B to the subject report to purchase land and provide an affordable/social housing development with commercial uses to achieve ground floor activation on the southern section of the residue lands at 338 Botany Road, Alexandria (Part Lot 101 in DP 569709). The sale will be subject to the placement of a restriction on the title to the land to ensure that the site is used in perpetuity for affordable/social housing;

(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer the contract of sale for a price of $8.08 million and other agreements relating to the provision of affordable/social housing on the southern section of the residue lands at 338 Botany Road, Alexandria (Part Lot 101 in DP 569709); and


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(C) Council note that the proposed sale prices of the two sites on the residue lands at 338 Botany Road, Alexandria (Part Lot 101 in DP 569709) represents a $5 million discount on the market value as assessed in 2016.


ITEM 6.14

VARIATION REQUEST - WATER FEATURES MAINTENANCE CONTRACT (S116229)


(A) Council approve the variations to the Water Features Maintenance Contract (Contract 1362) as outlined in Confidential Attachment A to the subject report;

(B) Council approve a contingency sum of 10 per cent of the contract value for additional water features or services required for the remainder of the contract term, and;



Report of the Economic Development and Business Sub-Committee Moved by Councillor Vithoulkas, seconded by Councillor Scully - That the report of the Economic Development and Business Sub-Committee of its meeting of 6 November 2017 be received, and the recommendations set out below for Items 6.15 to 6.17 inclusive be adopted. Carried unanimously. The Sub-Committee recommended the following: ITEM 6.15

KNOWLEDGE EXCHANGE SPONSORSHIP - 2018 CHINA AUSTRALIA MILLENNIAL PROJECT - CAMP (S121090.004)


(A) Council approve $30,000 (exclusive of GST) financial support to AustraliaChina.org Pty Ltd for the coordination and delivery of the 2018 China Australia Millennial Project in Sydney;

(B) Council approve $15,000 value in-kind (exclusive of GST) in the form of a venue hire waiver to AustraliaChina.org Pty Ltd, plus any annual increases in fees and charges for 2017/18 rates; and


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(C) authority be delegated to the Chief Executive Officer to negotiate, execute and administer a sponsorship agreement with AustraliaChina.org Pty Ltd.


Speakers

Ms Andrea Myles addressed the meeting of the Corporate, Finance, Properties and Tenders Committee (Economic Development and Business Sub-Committee) on Item 6.15.

ITEM 6.16

KNOWLEDGE EXCHANGE SPONSORSHIP - 2018 ASIA INSIGHTS WORKSHOPS (X003413)


(A) Council approve a cash sponsorship of $26,500 (excluding GST) to Asialink Business for the Asia Insights Workshop Series 2018; and

(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer a sponsorship agreement with Asialink Business.


Speakers

Mr Mukund Narayanamurti addressed the meeting of the Corporate, Finance, Properties and Tenders Committee (Economic Development and Business Sub-Committee) on Item 6.16.

ITEM 6.17

BUSINESS EVENT SPONSORSHIP – CEBIT AUSTRALIA 2018-2020 (X011662)


(A) Council approve cash sponsorship of $35,000 (excluding GST) and value-in-kind sponsorship of up to $15,000 (excluding GST) for venue hire to Hannover Fairs Australia Pty Ltd per annum for CeBIT Australia 2018, 2019 and 2020; and

(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer an agreement with Hannover Fairs Australia Pty Ltd to sponsor CeBIT Australia 2018, 2019 and 2020.



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ITEM 7 REPORT OF THE ENVIRONMENT COMMITTEE - 6 NOVEMBER 2017

PRESENT


Councillors Craig Chung, Christine Forster, Robert Kok, Prof Kerryn Phelps AM, Philip Thalis, Linda Scott, Jess Scully and Angela Vithoulkas. At the commencement of business at 3.55pm those present were - The Lord Mayor, Councillors Forster, Kok, Phelps, Thalis, Scott, Scully and Vithoulkas. Councillor Chung arrived at the meeting of the Environment Committee at 3.56pm during discussion on Item 2. Apologies The Deputy Chair, Councillor Jess Miller, extended her apologies for her inability to attend the meeting of the Environment Committee. Moved by the Chair (the Lord Mayor), seconded by Councillor Thalis - That the apology from Councillor Miller be accepted and leave of absence from the meeting be granted. Carried. The meeting of the Environment Committee concluded at 3.59pm. Report of the Committee Moved by Councillor Miller, seconded by Councillor Kok - That the report of the Environment Committee of its meeting of 6 November 2017 be received, with Item 7.1 being noted and the recommendation set out below for Item 7.2 being adopted. Carried unanimously. The Committee recommended the following:

ITEM 7.1


No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Environment Committee.


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ITEM 7.2

WATERLOO PARK OUTDOOR FITNESS HUB – ENDORSEMENT OF PROJECT SCOPE (S116371)

It is resolved that Council endorse the concept design and scope of works for the Waterloo Park outdoor fitness hub, as shown at Attachment A to the subject report, for progression to detailed design, documentation and tender for construction of the works.



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ITEM 8 REPORT OF THE CULTURAL AND COMMUNITY COMMITTEE – 6 NOVEMBER 2017

PRESENT


Councillors Craig Chung, Christine Forster, Robert Kok, Prof Kerryn Phelps AM, Linda Scott, Jess Scully, Philip Thalis and Angela Vithoulkas. At the commencement of business at 4.00pm those present were - The Lord Mayor, Councillors Chung, Forster, Kok, Phelps, Scott, Scully, Thalis and Vithoulkas. Apologies Councillor Jess Miller extended her apologies for her inability to attend the meeting of the Cultural and Community Committee. Moved by Councillor Scott, seconded by the Chair (the Lord Mayor) - That the apology from Councillor Miller be accepted and leave of absence from the meeting be granted. Carried. Sub-Committee The Healthy Communities Sub-Committee, with Councillor Scott as Deputy Chair, commenced at 4.01pm. The meeting of the Cultural and Community Committee and its Sub-Committee concluded at 4.07pm. Report of the Healthy Communities Sub-Committee Moved by Councillor Scott, seconded by Councillor Scully - That the report of the Healthy Communities Sub-Committee of its meeting of 6 November 2017 be received, with Item 8.1 being noted and Item 8.2 being dealt with as shown immediately following that item. Carried. ITEM 8.1


No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Cultural and Community Committee.


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The Healthy Communities Sub-Committee recommended the following:

ITEM 8.2

COMMUNITY SERVICES GRANT - REDFERN LEGAL CENTRE - EXTENSION OF MILLERS POINT TENANT SUPPORT (S117676)


(A) Council approve a final extension of the current cash grant to Redfern Legal Centre for the delivery of the Millers Point Tenancy Service from 1 December 2017 to 31 May 2018 to a value of $65,000 (excluding GST); and

(B) authority be delegated to the Chief Executive Officer to negotiate, execute and administer a grant agreement with Redfern Legal Centre on terms consistent with this resolution.

At the meeting of Council, it was moved by Councillor Scott, seconded by Councillor Scully - That the recommendation of the Cultural and Community Committee be adopted. The motion was carried on the following show of hands – Ayes (8) The Lord Mayor, Councillors Kok, Miller, Phelps, Scott, Scully, Thalis and

Vithoulkas Noes (1) Councillor Forster.

Motion carried.


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ITEM 9 REPORT OF THE PLANNING AND DEVELOPMENT COMMITTEE – 6 NOVEMBER 2017

PRESENT


Councillors Craig Chung, Christine Forster, Robert Kok, Prof Kerryn Phelps AM, Linda Scott, Jess Scully, Philip Thalis and Angela Vithoulkas. At the commencement of business at 4.08pm those present were: The Lord Mayor, Councillors Chung, Forster, Kok, Phelps, Scott, Scully, Thalis and Vithoulkas. Apologies

Councillor Jess Miller extended her apologies for her inability to attend the meeting of the Planning and Development Committee. Moved by Councillor Thalis, seconded by the Chair (the Lord Mayor) - That the apology from Councillor Miller be accepted and leave of absence from the meeting be granted.

Carried. Adjournment At 4.38pm, it was moved by the Chair (the Lord Mayor), seconded by Councillor Kok - That the meeting of the Planning and Development Committee be adjourned to enable consideration of items by the Major Development Assessment Sub-Committee, such items not to be considered prior to 5.00pm.

Carried unanimously

At the resumption of the meeting of the Planning and Development Committee at 5.04pm, those present were:

The Lord Mayor, Councillors Chung, Forster, Kok, Phelps, Scott, Scully, Thalis and Vithoulkas. Sub-Committees Meetings of the following Sub-Committees of the Planning and Development Committee commenced at the times shown below. The Transport, Heritage and Planning Sub-Committee, with Councillor Thalis as Deputy Chair, commenced at 4.09pm. The Major Development Assessment Sub-Committee, with Councillor Kok as Deputy Chair, commenced at 5.04pm.


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The meeting of the Planning and Development Committee and all its Sub-Committees concluded at 5.50pm. ITEM 9.1


(a) Section 451 of the Local Government Act 1993 No Councillors disclosed any pecuniary or non-pecuniary interests in any matter on the agenda for this meeting of the Planning and Development Committee.

(b) Local Government and Planning Legislation Amendment (Political Donations) Act 2008

No disclosures were made by any members of the public at this meeting of the Planning and Development Committee.

Report of the Transport, Heritage and Planning Sub-Committee Moved by Councillor Thalis, seconded by Councillor Miller - That the report of the Transport, Heritage and Planning Sub-Committee of its meeting of 6 November 2017 be received, with Item 9.1 being noted, and Items 9.2 and 9.3 being dealt with as shown immediately following those items. Carried unanimously.

The Transport, Heritage and Planning Sub-Committee recommended the following:

ITEM 9.2

PLANNING PROPOSAL: SYDNEY LOCAL ENVIRONMENTAL PLAN 2012 – BIDURA CHILDREN’S COURT & METROPOLITAN REMAND CENTRE – 357 GLEBE POINT ROAD, GLEBE (X006910)


(A) Council approve the Planning Proposal: Bidura Children’s Court & Metropolitan Remand Centre, 357 Glebe Point Road, Glebe, shown at Attachment A to the subject report, for submission to the Greater Sydney Commission with a request for a gateway determination;

(B) Council resolve to request that the Greater Sydney Commission urgently consider the planning proposal, given the current risk of demolition of the Bidura Children’s Court & Metropolitan Remand Centre;

(C) Council approve the Planning Proposal: Bidura Children’s Court & Metropolitan Remand Centre, 357 Glebe Point Road, Glebe, for public exhibition in accordance with any conditions imposed under the gateway determination;


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(D) authority be delegated to the Chief Executive Officer to make any minor variations to the planning proposal following receipt of the gateway determination;

(E) Council seek authority from the Greater Sydney Commission to exercise the delegation of the Minister for Planning and Infrastructure of all his functions under section 59 of the Environmental Planning and Assessment Act 1979 to make the proposed amendments to Sydney Local Environmental Plan 2012;

(F) pursuant to section 166(1) of the Heritage Act 1977, Council submit the Bidura Children’s Court & Metropolitan Remand Centre at 357 Glebe Point Road, Glebe, to the Heritage Council, an item of the environmental heritage of assessed state significance that, in the opinion of Council, is worthy of conservation under the Heritage Act; and

(G) Council request the Chief Executive Officer to complete the submission to the Heritage Council to request Bidura Children’s Court & Metropolitan Remand Centre is conserved under the Heritage Act by nominating it for listing on the State Heritage Register and requesting that the Heritage Council recommend the Minister for Heritage place an interim heritage order on the building while its significance is investigated.

Note – the recommendation of the Planning and Development Committee was not adopted.

At the meeting of Council, it was moved by Councillor Thalis, seconded by Councillor Scully –

It is resolved that, subject to the approval of the Planning Proposal: Bidura Children’s Court & Metropolitan Remand Centre, 357 Glebe Point Road, Glebe, by the Central Sydney Planning Committee:

(A) Council approve the Planning Proposal: Bidura Children’s Court & Metropolitan Remand Centre, 357 Glebe Point Road, Glebe, shown at Attachment A to the subject report, for submission to the Greater Sydney Commission with a request for a gateway determination;

(B) Council resolve to request that the Greater Sydney Commission urgently consider the planning proposal, given the current risk of demolition of the Bidura Children’s Court & Metropolitan Remand Centre;

(C) Council approve the Planning Proposal: Bidura Children’s Court & Metropolitan Remand Centre, 357 Glebe Point Road, Glebe, for public exhibition in accordance with any conditions imposed under the gateway determination;

(D) authority be delegated to the Chief Executive Officer to make any minor variations to the planning proposal following receipt of the gateway determination;

(E) Council seek authority from the Greater Sydney Commission to exercise the delegation of the Minister for Planning and Infrastructure of all his functions under section 59 of the Environmental Planning and Assessment Act 1979 to make the proposed amendments to Sydney Local Environmental Plan 2012;


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(F) pursuant to section 166(1) of the Heritage Act 1977, Council submit the Bidura Children’s Court & Metropolitan Remand Centre at 357 Glebe Point Road, Glebe, to the Heritage Council, an item of the environmental heritage of assessed state significance that, in the opinion of Council, is worthy of conservation under the Heritage Act; and

(G) Council request the Chief Executive Officer to complete the submission to the Heritage Council to request Bidura Children’s Court & Metropolitan Remand Centre is conserved under the Heritage Act by nominating it for listing on the State Heritage Register and requesting that the Heritage Council recommend the Minister for Heritage place an interim heritage order on the building while its significance is investigated.

The motion was carried on the following show of hands –

Ayes (8) The Lord Mayor, Councillors Kok, Miller, Phelps, Scott, Scully, Thalis and Vithoulkas

Noes (1) Councillor Forster.

Motion carried.

Speakers

Ms Alice Spizzo addressed the meeting of the Planning and Development Committee (Transport, Heritage and Planning Sub-Committee) on Item 9.2.

ITEM 9.3

FIRE SAFETY REPORTS (S105001.002)


(A) note the contents of the Fire Safety Report Summary Sheet, as shown at Attachment A to the subject report;

(B) note the inspection reports by Fire and Rescue NSW, as shown at Attachments B to F to the subject report;

(C) exercise its power to issue an Order 6 as recommended by Council’s Investigation Officer to address the identified fire safety deficiencies in 28 Gadigal Avenue, Zetland, as detailed in Attachment B;

(D) exercise its power to issue an Order 6 as recommended by Council’s Investigation Officer to address the identified fire safety deficiencies in 16-20 Kings Cross Road, Potts Point, as detailed in Attachment C;

(E) exercise its power to issue an Order 6 as recommended by Council’s Investigation Officer to address the identified fire safety deficiencies in 53-57 Maddox Street, Alexandria, as detailed in Attachment D;

(F) not exercise its power to issue an Order 6 at this time but note the compliance action taken and as recommended by Council’s Investigation Officer in 475-479 Bourke Street, Surry Hills, as detailed in Attachment E; and


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(G) not exercise its power to issue an Order 6 at this time but note the compliance action taken and as recommended by Council’s Investigation Officer in 15-17 Hunter Street, Sydney, as detailed in Attachment F.

At the meeting of Council, it was moved by Councillor Thalis, seconded by Councillor Miller – That the recommendation of the Planning and Development Committee be adopted. Carried unanimously. Report of the Major Development Assessment Sub-Committee

Moved by Councillor Kok, seconded by Councillor Miller - That the report of the Major Development Assessment Sub-Committee of its meeting of 6 November 2017 be received, with Items 9.4 and 9.5 being dealt with as shown immediately following those items. Carried. The Major Development Assessment Sub-Committee recommended the following:

ITEM 9.4

DEVELOPMENT APPLICATION: 437-443 WATTLE STREET ULTIMO (D/2016/1604)

The Major Development Assessment Sub-Committee decided that consideration of this matter be deferred to the meeting of Council on 13 November 2017.

At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor Miller -

It is resolved that:-

(A) Council support the variation sought to Clause 4.3 Height of Buildings development standard, pursuant to Clause 4.6 of Sydney Local Environmental Plan 2012;

(B) Council support the variation sought to Clause 30(1)(g) of State Environmental Planning Policy (Affordable Rental Housing) 2009 (motorcycle parking), pursuant to Clause 4.6 of Sydney Local Environmental Plan 2012; and

(C) pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, a deferred commencement consent be granted to Development Application No. D/2016/1604 subject to the conditions as detailed in Attachment A to the planning report to the Planning and Development Committee on 6 November 2017, and subject to the following amendments to conditions shown below, with deletions shown in strikethrough and additions shown in bold italics and further additions shown in bold italics underlined.


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Amend Deferred Commencement Condition (2)(a) in Part A as follows:

(a) Pursuant to the provisions of the Sydney Development Control Plan 2012 that require 15% of all new dwellings to be provided as adaptable dwellings, the drawings must be revised to provide 11 adaptable rooms within the development. These drawings are to clearly identify and demonstrate how the affected rooms meet the relevant Australian Standard/s with regard to accessibility and room/corridor dimensions, including providing certification of compliance from a suitably qualified consultant.

Insert New Deferred Commencement Condition (2)(f) in Part A as follows:

(f) Rooms numbered 104, 204, 304, 404 and 504 and 109, 209, 309, 409 and 509 must be provided with bathroom windows.

Insert New Deferred Commencement Condition (2)(g) in Part A as follows:

(g) All windows on the western elevation of the building facing Blackwattle Lane must be provided with sun shading devices in the form of accentuated external window frames.

Insert New Deferred Commencement Condition (2)(h) in Part A as follows:

(h) The internal planning of the rear most part of the ground floor (waste room and bulky goods room) is to be improved so that direct pedestrian access is provided to the rear courtyard from the ground floor hallway. The improved pedestrian access is required so that access is not solely provided to the rear courtyard from the fire stairs.

Amend Condition (16) in Part B as follows:

(16) LANDSCAPING OF THE SITE

(a) The landscape plans prepared by Site Image for this application are not approved. Detailed landscape plans, drawn to scale, by a qualified landscape architect or landscape designer, must be submitted to and approved by Council’s Area Planning Manager prior to the issue of a Construction Certificate for above ground building works. The plan must include:

(i) Resolution of detailed design issues raised by the DA drawings, including fall protection from the roof terrace and any fences or landscape walls to the ground level landscape space facing Blackwattle Lane. The seating area facing Blackwattle Lane must be removed and replaced with planting.

(ii) Location of existing and proposed structures on the site including, but not limited to, existing and proposed trees, paved areas, planted areas on slab, planted areas in natural ground, lighting and other features;

(iii) Details of earthworks and soil depths including mounding and retaining walls and planter boxes (if applicable). The minimum soil depths for planting on slab must be 1000mm for trees, 450mm for shrubs and 200mm for groundcovers;


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(iv) Location, numbers, type and supply of plant species, with reference to NATSPEC (if applicable);

(v) Details of planting procedure and maintenance;

(vi) Details of drainage, waterproofing and watering systems;

(vii) The landscaped area at ground floor to the rear of the site, facing Blackwattle Lane, shall be redesigned to include a table and chairs and vegetative screening of the waste bin holding area so as to improve the amenity and usability of this area for future occupiers.

(b) Prior to the issue of a Construction Certificate, a maintenance plan is to be submitted to and approved by the Principal Certifying Authority. The maintenance plan is to be complied with during occupation of the property.

(c) All landscaping in the approved plan is to be completed prior to an Occupation Certificate being issued.

The motion was carried on the following show of hands – Ayes (8) The Lord Mayor, Councillors Forster, Kok, Miller, Phelps, Scott, Scully and

Thalis Noes (1) Councillor Vithoulkas. Motion carried. Speakers

Mr Bruno De Villenoisy, Mr Paul Kadak and Mr Tony Leung addressed the meeting of the Planning and Development Committee (Major Development Assessment Sub-Committee) on Item 9.4.

ITEM 9.5

DEVELOPMENT APPLICATION: 552-554 BOTANY ROAD ALEXANDRIA (D/2016/1772)

It is resolved that consent be refused for Development Application No. D/2016/1772 for the following reasons:

(1) The proposal is contrary to the objectives for the B7 – Business Park zone in the Sydney Local Environmental Plan 2012 and the Southern Employment Lands strategy. In particular, the proposal does not provide sufficient non-residential floor space to encourage employment opportunities or provide appropriate facilities or services to meet the day-to-day needs of workers in the area.


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(2) The proposal is contrary to the objectives and provisions contained in Section 2.10.5 (Rosebery West) and Section 5.8.1 (Southern Employment Lands - General) of the Sydney Development Control Plan 2012. In particular, the development is not in keeping with the desired future character for the area or supports the realisation of the Southern Employment Lands Urban Strategy.

(3) The proposal results in a departure from the maximum Floor Space Ratio development standard in Clause 4.4 of the Sydney Local Environmental Plan 2012 of 406 sqm (24.3%). The submitted written request made under Clause 4.6 of the Sydney Local Environmental Plan 2012 fails to provide sufficient environmental planning grounds to justify contravening the development standard or demonstrate that compliance is unreasonable or unnecessary in this instance.

(4) The proposal is contrary to the objectives of the Design Excellence standard in Clause 6.21 of the Sydney Local Environmental Plan 2012. In particular, the proposal does not exhibit design excellence or appropriately respond to the context of the site.

(5) The proposal is contrary to the objectives of Clause 7.15 of the Sydney Local Environmental Plan 2012 and Council’s Interim Flood Management Policy. In particular, the proposed commercial tenancies have finished floor levels below the 1% Annual Exceedance Probability flood level. The proposed flood mitigation measures are not supported.

(6) The proposal is contrary to the design quality principles contained in the State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development. In particular:

(a) Principle 1 (Context and Neighbourhood Character) – The development does not respond or contribute to the desired future character of the area by providing adequate non-residential floor space.

(b) Principle 2 (Built Form and Scale) – The proposed built form and scale does not appropriately respond to the existing form of development along Botany Road or the future form of development of the adjoining sites to the south or west.

(c) Principle 3 (Density) – The residential density is inconsistent with the desired zoning of the site and compromises the strategic objectives of the B7 – Business Park zone and the Southern Employment Lands.

(d) Principle 4 (Sustainability) – The proposed method of addressing natural cross ventilation and acoustic treatment on the Botany Road elevation results in significant amenity impacts on the future occupants and the visual appearance of the building.

(e) Principle 6 (Amenity) – The proposed method of addressing natural cross ventilation and acoustic treatment on the Botany Road elevation results in significant amenity impacts on the future occupants. The proposal is also contrary to the separation requirements for visual privacy.


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(f) Principle 7 (Safety) – The design and configuration of the ground floor central courtyard results in a poor connection with the commercial tenancies and limited passive surveillance.

(g) Principle 9 (Aesthetics) – The proposed built form does not appropriately respond to the context of the site. The Botany Road elevation is contrary to the prevailing street wall height and the vertical emphasis is out of character for the streetscape.

(7) The proposal is contrary to the objectives of Clause 101 (Development with frontage to classified road) of the State Environmental Planning Policy 2007, Design Criteria 4B (Natural Ventilation), 4H (Acoustic Privacy) and 4J (Noise and Pollution) of the Apartment Design Guide and Section 5.8.6.3 (Noise Management) of the Sydney Development Control Plan 2012. In particular, the proposed acoustic attenuation measures are not supported as they result in significant amenity impacts on the proposed development and the appearance of the building.

(8) The proposal is contrary to the design criteria and guidance in 2F (Building Separation) and 3F (Visual Privacy) of the Apartment Design Guide. In particular, the proposal does not adequately address the non-compliant building separation between the existing development to the north (550-550A Botany Road), proposed development to the south (556-558 Botany Road) or future redevelopment to the west (5-9 Ralph Street).

(9) The proposal is contrary to the design criteria and guidance in 3E (Deep Soil Zones) and 4O (Landscape Design) of the Apartment Design Guide and Section 5.8.7.4 (Green Roofs and Walls) of the Sydney Development Control Plan 2012. In particular, the proposal does not maximise the opportunities to provide sufficient soft landscaping in lieu of deep soil zones. The proposed landscaping treatment of the roof top communal open space is considered insufficient.

(10) The proposal is contrary to the objectives and provisions contained in Sections 3.2 (Defining Public Domain), 3.12 (Accessible Design) and 3.13 (Social and Environmental Responsibilities) of the Sydney Development Control Plan 2012. In particular, the design and layout of the ground floor results in a poor public domain interface as well as poor internal relationships between the commercial tenancies and courtyard. The equitable access arrangements are not well integrated into the overall design of the building and the multiple level changes prevent passive surveillance of the internal space.

(11) The proposal is contrary to the objectives and provisions contained in Section 3.14 (Waste) and Council’s Waste Management Policy. In particular, the application was not accompanied by a Waste Management Plan and the design of the waste storage facilities is contrary to the controls.

(12) Insufficient information was submitted to undertake a thorough assessment of the development application in relation to a number of significant matters. In particular:

(a) Insufficient investigation was undertaken to satisfy Clause 7 of the State Environmental Planning Policy No 55 – Remediation of Land.


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(b) No evidence was submitted to indicate whether the development would require the provision of a substation, which would significantly alter the ground floor configuration.

(c) The submitted solar analysis fails to demonstrate compliance with design criteria 4A of the Apartment Design Guide.

(d) The proposal includes the dedication of a portion of the site along Botany Road, however, a Public Benefit Offer has not been made to Council.

(13) The proposed development is not considered to be in the public interest.

At the meeting of Council, it was moved by Councillor Kok, seconded by Councillor Miller - That the recommendation of the Planning and Development Committee be adopted. Carried unanimously.


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ITEM 10 PROPOSED SCHEDULE OF MEETINGS AND BRIEFINGS FOR 2018 (S063444)

Moved by the Chair (the Lord Mayor) seconded by Councillor Miller -

It is resolved that Council adopt the draft Schedule of Meetings and Briefings for 2018, as shown at Attachment A to the subject report.


The Schedule of Meetings and Briefings for 2018, as adopted by Council, is as follows:


SCHEDULE OF MEETINGS AND BRIEFINGS FOR 2018

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DATE MEETING

SCHOOL HOLIDAYS – Wednesday 20 December 2017 to Friday 26 January 2018, inclusive

MONDAY 29 JANUARY • RECESS

MONDAY 5 FEBRUARY • BRIEFINGS

MONDAY 12 FEBRUARY • COMMITTEES

MONDAY 19 FEBRUARY • COUNCIL

MONDAY 26 FEBRUARY • RECESS

MONDAY 5 MARCH • BRIEFINGS

MONDAY 12 MARCH • COMMITTEES

MONDAY 19 MARCH • COUNCIL

MONDAY 26 MARCH • BRIEFINGS

FRIDAY 30 MARCH • (Good Friday Public Holiday)

MONDAY 2 APRIL • RECESS - (Easter Monday Public Holiday)

SCHOOL HOLIDAYS – Monday 16 April to Friday 27 April 2018, inclusive

MONDAY 9 APRIL

• COMMITTEES

MONDAY 16 APRIL • COUNCIL

MONDAY 23 APRIL • RECESS

WEDNESDAY 25 APRIL • (Anzac Day Public Holiday)

MONDAY 30 APRIL • BRIEFINGS

MONDAY 7 MAY • COMMITTEES

MONDAY 14 MAY • COUNCIL



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DATE MEETING

MONDAY 21 MAY • RECESS

MONDAY 28 MAY • RECESS

MONDAY 4 JUNE • BRIEFINGS

MONDAY 11 JUNE • RECESS - (Queen’s Birthday Public Holiday)

MONDAY 18 JUNE • COMMITTEES

MONDAY 25 JUNE • COUNCIL

MONDAY 2 JULY • RECESS

SCHOOL HOLIDAYS - Monday 9 July to Friday 20 July 2018, inclusive




MONDAY 30 JULY • BRIEFINGS

MONDAY 6 AUGUST • COMMITTEES

MONDAY 13 AUGUST • COUNCIL

MONDAY 20 AUGUST • RECESS

MONDAY 27 AUGUST • RECESS

MONDAY 3 SEPTEMBER • BRIEFINGS

MONDAY 10 SEPTEMBER • COMMITTEES

MONDAY 17 SEPTEMBER • COUNCIL

MONDAY 24 SEPTEMBER • RECESS



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DATE MEETING

SCHOOL HOLIDAYS - Monday 1 October to Friday 12 October 2018, inclusive

MONDAY 1 OCTOBER • RECESS - (Labour Day Public Holiday)

MONDAY 8 OCTOBER • BRIEFINGS

MONDAY 15 OCTOBER • COMMITTEES

MONDAY 22 OCTOBER • RECESS - (LGNSW Annual Conference)

MONDAY 29 OCTOBER • COUNCIL

MONDAY 5 NOVEMBER • BRIEFINGS

MONDAY 12 NOVEMBER • COMMITTEES

MONDAY 19 NOVEMBER • COUNCIL

MONDAY 26 NOVEMBER • BRIEFINGS

MONDAY 3 DECEMBER • COMMITTEES

MONDAY 10 DECEMBER • COUNCIL

MONDAY 17 DECEMBER • RECESS

SCHOOL HOLIDAYS – Monday 24 December 2018 to Monday 28 January 2019, inclusive

The recess continues until the first Committee meetings of 2019.


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ITEM 11 QUESTIONS ON NOTICE

CHILDCARE (S129275) 1. By Councillor Scott Question Please advise: (a) How many childcare centres the City owns? Where are they located?

(b) Of these, please list those that are currently open, those currently vacant and those currently under construction?

(c) Of those under construction, when are they planned to be completed? Of those vacant, when were/will they be opened to children?

(d) How many childcare centres are planned to be constructed in the future? Where?

(e) What is the budget for planned construction of childcare centres? Could this please be provided, broken down by expenditure per financial year?

(f) Please detail the spending on childcare infrastructure from 2004 to present, broken down by financial year?

Answer by the Lord Mayor This information will be provided in the CEO Update. COMMERCIAL LEASES (S129275) 2. By Councillor Scott Question Could Councillors please be advised: (a) How many commercial rental properties the City owns? Please provide a list.

(b) Of these, how many are vacant? Which ones?

Answer by the Lord Mayor

The City owns 43 investment properties in commercial, retail and industrial categories which are listed below with any vacancies noted.

Property Address Vacancy & Comments

Capitol Theatre, 3-21 Campbell Street HAYMARKET NSW 2000 Nil

Depot - Fig and Wattle Street, 14-26 Wattle Street , PYRMONT NSW 2009 Nil


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Annex - Kellett Place, 66-68 Kellett Street, POTTS POINT, 2011 Nil

Erskineville Retail Holding, 106-112 Erskineville Road ERSKINEVILLE NSW 2042 Nil

Kings Cross Car Park, 9A Elizabeth Bay Road ELIZABETH BAY NSW 2011 Nil

Kings Cross Police Station, 1 Elizabeth Bay Road ELIZABETH BAY NSW 2011 Nil

44-54 Bourke Road, ALEXANDRIA, NSW, 2015 Nil

Huntley Street Industrial Complex, 4 Huntley Street ALEXANDRIA NSW 2015 Nil

Doody Street Industrial Complex, 4 Doody Street ALEXANDRIA NSW 2015 Nil

90 Regent Street, REDFERN NSW 2016 Nil

545-549 South Dowling Street, SURRY HILLS NSW 2010 Nil

Commercial - Ground Floor, 437-441 Bourke Street , SURRY HILLS NSW 2010 Nil

Chifley Square Cafe, 1 Chifley Square SYDNEY NSW 2000 Nil

Café (Hyde Park South), 120 Elizabeth Street SYDNEY NSW 2000 Nil

St James Café, 110 Elizabeth Street SYDNEY NSW 2000 Nil

343 George Street, SYDNEY NSW 2000

2 vacant tenancies currently marketed for

lease Queen Victoria Building, 429-481 George Street SYDNEY NSW 2000 Nil

Town Hall Arcade, 483 George Street SYDNEY NSW 2000 Nil

Woolworths, 532-540 George Street SYDNEY NSW 2000 Nil

Coronation Hotel, 5-7 Park Street SYDNEY NSW 2000 Nil

Pittsway Arcade, 303-305 Pitt Street, SYDNEY, 2000 Nil

Strata Lot 1 SP18382 Ground Floor, 309-313 Pitt Street SYDNEY NSW 2000 Nil

Strata Lot 2 SP18382, 309-313 Pitt Street SYDNEY NSW 2000 Nil



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Cathedral Street Car Park, 1 Cathedral Street, SYDNEY, 2000 Nil

307 Pitt Street, SYDNEY NSW 2000 Nil

Park House, 295-301 Pitt Street SYDNEY NSW 2000

2 vacant tenancies currently marketed for

lease International Grammar School, 4-8 Kelly Street ULTIMO NSW 2006 Nil

Wilcox Mofflin Building, 46-52 Mountain Street ULTIMO NSW 2007

1 vacant tenancy. Agent appointed

Railway Square Interchange, 816 George Street CHIPPENDALE NSW 2008 Nil

82-106 Oxford Street, DARLINGHURST NSW 2010 4 vacant tenancies marketed for lease

110-122 Oxford Street, DARLINGHURST NSW 2010 1 vacant tenancy due to substantial building

works

137-155 Palmer Street, DARLINGHURST NSW 2010 Nil

Stockton House, 73-75 William Street DARLINGHURST NSW 2010

Fully vacant due to need of significant

upgrade works

56-78 Oxford Street, DARLINGHURST NSW 2010

2 vacant tenancies. 1 marketed for lease.

1 allocated to Creative City Program

101-111 William Street, DARLINGHURST NSW 2010 Nil

113-115 William Street, DARLINGHURST NSW 2010 Nil


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HAYMARKET LIBRARY (S129275) 3. By Councillor Scott Question I refer to the new Haymarket Library. Could Councillors please be advised: (a) How much space will be available in total? Of this, how much will be dedicated to

community space, as compared with the amount of commercial space?

(b) Please detail the community consultation plan regarding the future use of the former Haymarket Library space?

Answer by the Lord Mayor (a) The City will lease levels 1 and 2 of the new six-storey building, designed by

Japanese architect Kengo Kuma. These two floors will contain community space comprising the new library, makerspace and an innovative exchange program for start-ups called the IQ hub. The total floor space over these two levels will be approximately 2200 square meters. In addition, the building will also include a childcare centre and an open market hall on the ground floor.

(b) The City is currently developing a community consultation plan regarding the future use of the existing Haymarket Library.

STAFFING (S129275) 4. By Councillor Scott Question Please detail the total expenditure on temporary agency staff for the period between the signing of the current Enterprise Bargaining Agreement and present, broken down by quarter? Answer by the Lord Mayor The City’s expenditure on temporary agency staff is provided in each quarterly report which is reported to Council.


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PUBLIC TOILET STRATEGY (S129275) 5. By Councillor Scott Question I refer to the Public Toilet Strategy, and to the list of public toilets planned to be installed on page 21 of the strategy. Could Councillors please be advised: (a) To date, how many of these toilets have been installed? When was each installed?

(b) For those that have not been installed, why have they not been installed?

(c) For those that have not been installed, are there plans for them to be installed? If so, when?

(d) Are there plans to install a public toilet in an alternative location, in cases in which a toilet has not been installed? If so, what are they?

Answer by the Lord Mayor

Progress on the installation of public toilets as outlined in the Public Toilet Strategy is below.

New Public Toilets completed

- St James Park, Glebe – 2015. - Town Hall House – 2015. - Paddington Town Hall – 2015. - Wulaba Park, Green Square – 2016. - Alexandria Park, Alexandria – 2017. - Erskineville Oval, Erskineville – 2017. - Harry Jensen Centre/Abraham Mott Hall – 2017.

New Public Toilets under construction

- Green Square Library – due for completion 2018. - Bellevue House, Blackwattle Bay Park – upgrade to complete early 2018. - Matron Ruby Park, Green Square – construction to complete early 2018.

New Public Toilets in Design/Planning Stage

- Oxford Street Paddington – DA early 2018. - Bayswater Road, Kings Cross - Community consultation early 2018. - Sydney Park Cycling Facility – construction to commence 2018. - Gumyana Park, Green Square – construction scheduled to commence 2018. - Drying Green Park – construction scheduled to commence 2018. - William Street, East Sydney - scheduled to commence 2020. - Cowper Wharf Road, Woolloomooloo – scheduled to commence 2020. - City Centre Playground, Cook+Phillip Park – scheduled to commence 2020.


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- The Hub Square, Newtown - feasibility studies undertaken for installation of a new automated public toilet at two locations including the Hub Square. Inner West Council staff have expressed a preference for a brick and mortar facility – waiting for formal advice to discuss future of project.

- Observatory Hill Park – construction scheduled for 2021 to co-ordinate with RMS cycle works.

- North Rosebery Park, Green Square – construction scheduled to commence 2021. - Garraway Park, Green Square – construction scheduled to commence 2021 (subject

to Voluntary Planning Agreement). - Victoria Park, Chippendale – toilet to be provided as part of pool building upgrade –

commence 2023. There are changes to conditions at some sites, which is having an impact on location and design eg Railway Square, Lawson Square, and Regent Street, Waterloo. Planning is continuing to determine if these sites are viable or whether other sites should be selected.

The City’s street furniture contract is due for re-tender in the next 12-18 months and the provision of automatic public toilets is part of the furniture range to be provided and will assist with the implementation of the Public Toilet Strategy.

Public Toilet Upgrades

- Jubilee Park and Oval, Glebe – 2018. - Waterloo Oval – 2018. - George Street, The Rocks – 2018. Pirrima Park (former Pyrmont Park) – 2019.

Advocacy

The City is advocating for public toilets in new developments in appropriate locations. This has led to public toilets being provided at:

- Barangaroo Headland Reserve – 2015. - Harold Park Tram Sheds – 2017.


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ITEM 12 SUPPLEMENTARY ANSWERS TO PREVIOUS QUESTIONS

Supplementary Answers to Questions on Notice are as follows:

Question on Notice - Council – 18 September 2017

CUTLER FOOTWAY (S129275) 10. By Councillor Scott Question I refer to the CEO Update of 29 April 2016, which states that the Cutler Footway, also known as the Burton Street Bridge, has been closed for safety maintenance. When will the Cutler Footway be re-opened to use for the public? Answer by the Lord Mayor This answer will be provided via CEO Update. Supplementary Answer

The City has conducted structural, heritage, environmental, traffic and cost assessments of the condition of and work required to the Cutler Footway and Burton Street Viaduct in liaison with the joint owner, Woollahra Municipal Council.

Following these investigation works, the City of Sydney plans to replace the Cutler Footway and refurbish the Burton Street Viaduct.

The structural engineering assessment confirmed that replacing the Cutler Footway is the safest and most viable option. The steel support attaching the footway to the bridge has corroded and is rusting away, making it unstable for pedestrian use.

Designs and associated documentation are being prepared for the following works:

• a new footway with new lighting and signs

• repairs to the viaduct structure and concrete arches

• repairs to the road and associated drainage system

• updated safety barriers.

Some of the associated roadworks will commence in early 2018, including road deck and drainage repairs, with the aim to start work on the footway replacement in mid-2018. Completion of the footway is expected late 2018.


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Question on Notice - Council – 18 September 2017

INFORMATION SERVICES (S129275) 13. By Councillor Scott Question Please provide details of the $3 million from the 2016/17 information services capital works expenditure pushed into the future years forward estimates, including to which project the funding is for, and which future years funding is allocated. Answer by the Lord Mayor This answer will be provided via CEO Update.

Supplementary Answer

The Quarter 4 review of the 2016/17 budget recommended and adopted a revote of $1.5M of unspent funds to increase the adopted 2017/18 budget to $9.0M.

The $1.5M rolled over funds for a number of projects as set out below, reflecting the fact that the timing of project spend differed to that originally anticipated in the endorsed 2016/17 budget.

Project Title $M

Interfacing CAMS to GIS 0.2

City Life - Upgrade of Hardware & Software for Public Access 0.1

Contractor Management System 0.1

Citywide Customer Database 0.1

Pathway - CAMs interface replacement 0.1

ePlanning 0.1

Enterprise Voice Upgrade 0.1

CitySwitch Website Redevelopment 0.1

Platform Upgrade sydneynewyearseve.com 0.1

Watering and Lighting Tool and Reporting System (WALTRS) 0.4

City Environmental Sustainability 0.1

Information Service Capital Funds revoted from 2016/17 to 2017/18 $1.5M


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Question on Notice - Council 18 September 2017

PLANT AND ASSETS (S129275) 14. By Councillor Scott Question Please provide details of the $11.1 million from the 2016/17 plant and assets expenditure pushed into the future years forward estimates, including which project the funding is for, and to which future years funding is allocated. Answer by the Lord Mayor This answer will be provided via CEO Update. Supplementary Answer The Quarter 4 review of the 2016/17 budget recommended and adopted a revote of $2.8M to increase the adopted 2017/18 net budget to $20.9M. All revoted funds went into 2017/18.

The following plant and asset categories had unspent funds allocated in 2016/17 which were still required to complete the commitments and complete the current approved phase of these programs.

Plant and Asset Categories $M

Equipment 0.9

Furniture & Fittings 0.3

Miscellaneous 0.3

Plant 0.9

Vehicles 0.4

Plant and Assets Funds revoted from 2016/17 to 201718 $2.8M


NEW YEAR’S EVE (S129275) 15. By Councillor Scott Question I refer to the Budget for the 2017/18 New Year’s Eve celebrations. Could you please provide a breakdown of how this budget will be allocated to specific events?

1. Of these events, how many will involve invited guests, and how many will be open to the public? Could you please provide a breakdown of how many events will be accessible to invited guests only, and how many will be open to the public?


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2. Of events involving invited guests, could you please advise how many invitations will be issued to these events, broken down by event?

3. Of events involving invited guests, could you please advise how many people are expected to attend these events, broken down by event?

Answer by the Lord Mayor This answer will be provided via CEO Update. Supplementary Answer

There are eight City-managed sites on New Year’s Eve. Two sites have invited guests only, whilst the other six sites are accessible to the general public.

1. Dawes Point Event: Annual Forecast $528,499

• 2,000 invitations with 2,000 expected guests

• This event accommodates contractual commitments to sponsors, government agencies and other stakeholders who support the event.

2. Lord Mayor’s Picnic: Annual Forecast $244,591

• 2,000 invitations (1000 tickets for children with specific needs and 1,000 tickets for carers) with 2,000 expected guests

3. Pirrama Park: Annual Forecast $155,342

4. Beare Park: Annual Forecast $9,725

5. Giba Park: Annual Forecast $18,808

6. Bicentennial Park: Annual Forecast $22,000

7. Embarkation Park: Annual Forecast $19,600

8. Observatory Hill: Annual Forecast $55,405


PUBLIC SUBMISSIONS (S129275) 18. By Councillor Scott Question Please detail the City's procedure for public submissions, including details of: (a) who decides whether a submission will be made on behalf of the City;

(b) the approval process, once a submission has been drafted; and

(c) where City business units play a formal or informal role.


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Answer by the Lord Mayor This answer will be provided via CEO Update.

Supplementary Answer

(a) Who decides whether a submission will be made on behalf of the City?

Generally, City staff or Directors decide or recommend to the CEO that a submission is prepared. Councillors will occasionally ask for other submissions to be prepared.

The City business unit with carriage of the issues prepares the submission in consultation with other relevant business units.

(b) What is the approval process once a submission has been drafted

Once the draft submission has been prepared, where possible in line with the due date, the submission is circulated in the CEO Update for Councillors to provide feedback.

Submissions reflect Council's adopted policy position. Submissions that deal with matters where Council does not have an adopted policy position are circulated to councillors beforehand.

Feedback is then sent to the Director to review and update the draft if required.

The updated submission is sent to the Chief Executive Officer to review, sign and lodge.

(c) Where City business units play a formal or informal role

See the answer to the first question above.

Question on Notice – Council 18 September 2017

CAPITAL WORKS PROGRAM (S129275) 19. By Councillor Scott Question Please provide details of the $55.4 million from the 2016/17 capital works program pushed into the future years’ forward estimates, including which project the funding is for, and to which future years funding is allocated. Answer by the Lord Mayor This answer will be provided via CEO Update. Supplementary Answer

The Quarter 4 review noted that full year Capital Works expenditure for 2016/17 was $225.7M. It approved the revote of budget and other adjustments, which decreased the adopted 2017/18 budget of $305.5M by $0.5M to $304.9M and the forward estimates which were detailed in Attachment B of the Quarter 4 report.


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The adopted 2017/18 capital works budget and future years forward estimates were initially prepared in March 2017 when the capital expenditure forecast for 2016/17 amounted to $282.0M. The Q4 review of the 2016/17 budget showed that the actual final expenditure was $225.7M, which meant that after recognising some minor savings for projects completed in the year, a further $55.2M needed to be revoted forward for capital projects that were ongoing.

The budget revote adjustments (increases and decreases) for the significant projects, and capital programs, for the four years 2017/18 through to 2020/21 are set out below:

Significant Capital Projects

Significant Projects (>$20M) 2017/18 2018/19 2019/20 2020/21 4 Yr Total

Ashmore Estate Trunk Drainage 0.2 (9.3) 1.0 8.3 0.2

Barangaroo Integration and Harbour Village Nth 0.2 0.5 - - 0.7

Chinatown Public Domain 1.4 - - - 1.4

Green Infrastructure 2.6 2.8 5.3

GSAC and Gunyama Park (18.0) 2.3 21.5 - 5.8

GS Community Facilities and Open Space (1.4) 1.3 - - (0.2)

GS Library and Plaza 1.3 - - - 1.3

GS Streets and Drainage 3.5 3.4 (1.8) (1.0) 4.1

Johnstons Canal Master Plan & Harold Park 0.3 1.1 0.8 - 2.1

Major Depots 3.5 - - - 3.5

New Childcare Centres (1.3) - - 2.5 1.3

Significant Projects Total (7.8) 2.0 21.4 9.8 $25.5M

Capital Works Programs

Asset Enhancement 2017/18 2018/19 2019/20 2020/21 4 Yr Total

Bicycle Related Works 0.5 0.5 - 1.9 2.9

Community, Cultural and Recreation Properties (0.3) 1.9 - - 1.7

Corporate and Investment Properties 0.1 0.1 - - 0.2

Open Space & Parks (1.2) (0.5) 0.1 2.6 1.0

Public Art LGA 2.1 - - - 2.1

Public Domain 0.8 - - - 0.8

Stormwater Drainage (0.9) 9.0 2.3 - 10.3

Rolling Programs (Asset Renewal)

Bicycle Related Works - - - - -

Community, Cultural and Recreation Properties 1.6 (0.1) 0.6 0.1 2.2


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Asset Enhancement 2017/18 2018/19 2019/20 2020/21 4 Yr Total

Corporate and Investment Properties (0.7) 1.7 - 1.0

Open Space & Parks (0.5) - (0.5)

Public Art LGA 2.5 1.1 - 3.6

Public Domain - - - -

Stormwater Drainage 3.9 0.5 - 4.4

Programs Total 7.8 14.1 3.1 4.7 $29.7M

Total Capital Works 0.1 16.1 24.5 14.5 $55.2M

Question on Notice – Council 23 October 2017

WESTCONNEX COMMUNITY AWARENESS CAMPAIGN (S129275) 1. By Councillor Scott Question Could Councillors please be provided with copies of all materials produced and distributed to residents as funded either directly by the City of Sydney, or via City of Sydney grants awarded to organisations associated with raising community awareness of issues related to WestConnex, as per the CEO Update dated 28 September 2017? Answer by the Lord Mayor Materials about issues related to WestConnex which have been produced by the City or grant recipients and distributed to residents will be circulated in the CEO Update. Supplementary Answer

This CEO update provides a consolidated report on all City of Sydney grants awarded to organisations associated with raising community awareness of issues related to WestConnex and includes information on the collateral and activities generated by the organisations.

1. WestConnex Action Group Incorporated

Program Date Awarded

Project Grant Amount Acquittal Status

Quick Response Grant

December 2015

Family picnic day and tree wrapping initiatives

$800 N/A

Lord Mayor Minute

May 2016

Community awareness campaign $15,000 Yes February 2017

Community Services Grant

March 2017

Further community awareness activities

$25,000 Project currently underway

The City has provided three grants totalling $40,800 to WestConnex Action Group Incorporated.


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Attachment A contained an acquittal report for the Lord Mayor Minute Awarded in May 2016.

The City has been advised that the ongoing Community Services Grant of $25,000 awarded in March 2017 to WestConnex Action Group Incorporated is currently being used for community awareness activities including:

• Investigation and research to highlight issues around breaches of the M4East and NewM5. This has brought a number of incidences to the attention of the Department of Planning & Environment, the Sydney Motorway Corporation and the NSW Environment Protection Authority. The following pages are from their website:

o http://www.westconnexactiongroup.org.au/official-westconnex-allowed-to-override-environmental_laws

o http://www.westconnexactiongroup.org.au/westconnex_planning_farce_continues

o http://www.westconnexactiongroup.org.au/sign_the_open_letter_on_westconnex

• Promotion of the community activity “Lantern procession against Westconnex” to literally illuminate the proposed M4-M5 Link tunnel route (WestConnex Stage 3). The following pages are from the City’s “What’s On’ website and YouTube for footage from the event:

o https://whatson.cityofsydney.nsw.gov.au/events/lantern-procession-against-westconnex

o https://www.youtube.com/watch?v=F1-XwenFbqw

No WestConnex: Public Transport Inc


Project Grant Amount

Acquittal Status

Lord Mayor Minute

June 2015

Funding for a Community Coordinator position to advocate and promote community awareness

$15,000 Yes June 2016

Lord Mayor Minute

February 2016

Extension to Community Coordinator position to advocate and promote community awareness

$10,000 Yes June 2016

Lord Mayor Minute

June 2017 Extension to Community Organiser position to advocate and promote community awareness

$50,000 Project currently underway

The City has provided three grants totalling $75,000 to No WestConnex: Public Transport.

Attachment B contained an acquittal report for the Lord Mayor Minute awarded in February 2016.

The City is yet to receive any information from the activities undertaken as part of the Lord Mayor Minute awarded in June 2017.


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2. RAW Rozelle Against WestConnex


Project Grant Amount

Acquittal Status

Quick Response Grant

September 2017

Community awareness newspaper $2,000 N/A

The City has provided one grant totalling $2,000 to RAW Rozelle Against WestConnex.

Attachment C contained a copy of the organisation’s newspaper “Bottleneck”.


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ITEM 13 NOTICES OF MOTION

CITY OF SYDNEY CAPITAL WORKS REGISTER (S129260)

1. Moved by Councillor Forster, seconded by Councillor Kok -


(A) note:

(i) the City is undertaking an extensive and ongoing Capital Works program, which last year amounted to expenditure of $225.7 million, according to the 2016/2017 Quarter 4 Review – Delivery Program 2014-2017;

(ii) according to the 2017/2018 Quarter 1 Review Delivery Program 2017-2021, the Capital Works program for 2017/2018 has been budgeted at $295.1 million;

(iii) summaries of the current financial year’s Capital Works expenditure and budget, as well as future-year forward estimates, are outlined in the body of the City’s quarterly reviews and are further detailed within the ‘Capital Expenditure Financial Results’, also released quarterly;

(iv) the ‘Capital Expenditure Financial Results’ report details a wide range of significant projects and asset enhancements taking place throughout the City of Sydney Local Government Area, outlining project cost to date, total project budget and the status of the particular project;

(v) although the City of Sydney publishes such information in its Council business papers on a quarterly basis, this information is not easily accessed by members of the public, whose usual engagement with Council is via our website; and

(vi) many other local councils across Australia publish details of their Capital Works projects in a readily available and transparent format (including as interactive maps) on their public websites, providing information on project scope, budget and progress against schedule; and

(B) request the Chief Executive Officer:

(i) investigate the development of a City of Sydney Capital Works portal, accessed via the City’s website, that identifies all current Capital Works projects, their scope, location, most recently adopted budget, estimated completion date and status; and

(ii) report back to Councillors on the results of that investigation via a CEO Update as soon as practicable.



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CITY OF SYDNEY SUPPORT FOR BUSINESSES AND RESIDENTS IMPACTED BY SYDNEY LIGHT RAIL CONSTRUCTION (S129267) 2. Moved by Councillor Vithoulkas, seconded by Councillor Phelps -


(A) note:

(i) Sydney light rail construction continues to negatively impact the lives and amenity of our local community of residents and businesses along the construction route;

(ii) while Transport for NSW has a 24 hour 1800 contact hotline people are often frustrated and confused about the outcome of liaison through this medium;

(iii) a petition lodged at Council by the local community requests the City of Sydney’s support in dealing with this matter; and

(iv) the City of Sydney actively advocates, supports and provides funding on behalf of businesses and residents impacted by other projects like WestConnex and the sale of public housing in Millers Point; and


(i) investigate the internal appointment of an existing member of staff to be assigned as the Light Rail Construction Liaison Officer within Council to liaise on behalf of City of Sydney residents and businesses with Transport for NSW about construction issues and questions;

(ii) prominently display the contact details of that person on the City of Sydney’s website and in any communications as applicable; and

(iii) keep Councillors informed via the CEO update as to the number of calls and issues raised.

Amendment. Moved by Councillor Miller, seconded by Councillor Scully – That the motion be amended such that it read as follows: It is resolved that Council:

(A) note: (i) Sydney Light Rail construction, managed by Transport for NSW, continues to

negatively impact the lives and amenity of our local community of residents and businesses along the construction route;

(ii) the City of Sydney is represented on the Sydney Light Rail Community Reference Group and the Sydney Light Rail Business Reference Group that have been operating since 2014 and provide a forum for all businesses and affected communities along the alignment and where recommendations can be made regarding potential initiatives to mitigate the impacts of construction;


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(iii) the City continues to liaise with the Coordinator General, Transport Coordination, to advocate and discuss issues identified by residents and businesses in relation to light rail construction;

(iv) while Transport for NSW has a 24-hour 1800 contact hotline, people are often frustrated and confused about the outcome of liaison through this medium;

(v) a petition lodged at Council by the local community requests the City of Sydney’s support in dealing with this matter; and

(vi) the City of Sydney actively advocates, supports and provides funding on behalf of businesses and residents impacted by other projects, like WestConnex and Millers Point; and


(i) ensure that calls to the City of Sydney about light rail construction impacts are referred quickly to the Transport for NSW Coordinator General, Transport Coordination for action; and

(ii) keep Councillors informed via the CEO update as to the number of calls and issues raised about Sydney light rail construction through the City’s Call Centre; and

(C) request the Lord Mayor write to petitioners outlining what assistance the City can provide, along with both the City of Sydney and Transport for NSW contact details for business owners and residents to resolve issues associated with the Sydney Light Rail construction.

Procedural Motion Moved by Councillor Vithoulkas, seconded by Councillor Phelps – That the amendment be withdrawn. The procedural motion was lost on the following show of hands – Ayes (4) Councillors Forster, Phelps, Scott and Vithoulkas Noes (5) The Lord Mayor, Councillors Kok, Miller, Scully and Thalis. Procedural motion lost. The amendment moved by Councillor Miller was carried on the following show of hands – Ayes (5) The Lord Mayor, Councillors Kok, Miller, Scully and Thalis Noes (4) Councillors Forster, Phelps, Scott and Vithoulkas. Amendment carried.


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Adjournment At this stage of the meeting, at 6.39pm, it was moved by the Chair (the Lord Mayor), seconded by Councillor Miller – That the meeting be adjourned for 15 minutes. At the resumption of the meeting of Council, at 6.55pm, those present were – The Lord Mayor, Councillors Forster, Kok, Miller, Phelps, Scott, Scully, Thalis and Vithoulkas. The substantive motion was put to the vote and carried on the following show of hands - Ayes (8) The Lord Mayor, Councillors Forster, Kok, Miller, Phelps, Scott, Scully and

Thalis Noes (1) Councillor Vithoulkas. Motion carried. Point of Order During discussion on Item 13.2, Councillor Scully raised a point of order in that Councillor Vithoulkas, when speaking on the substantive motion, impugned the motives of other Councillors. The Chair (the Lord Mayor) upheld the point of order and asked Councillor Vithoulkas to cease making such comments. Extensions of Time During discussion on this matter, pursuant to the provisions of Clause 250(3) of the Local Government (General) Regulation 2005, it was – Moved by the Chair (the Lord Mayor), seconded by Councillor Kok - That Councillor Vithoulkas be granted an extension of time of two minutes to speak on this matter. Carried. Moved by the Chair (the Lord Mayor), seconded by Councillor Thalis – That Councillor Vithoulkas be granted a further extension of time of two minutes to speak on this matter. Carried. Moved by Councillor Scott, seconded by Councillor Phelps – That Councillor Vithoulkas be granted a further extension of time to speak on this matter. Carried.


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VALE WALLY DEAN (S129266) 3. Moved by Councillor Scott, seconded by Councillor Miller – It is resolved that: (A) Council note the passing of Walter James Dean, known as Wally, Alderman for

Northcott Ward on Sydney Council from 1965 - 1967 and Alderman for the Municipality of South Sydney from 1968 to 1974, on 20 October 2017;

(B) Council note the rich contribution of Wally Dean to the City of Sydney and its

communities, both as an Alderman and as a long serving President of the junior league of the South Sydney Rabbitohs;

(C) all persons present in the Chamber stand for one minute’s silence to honour the life

of Wally Dean; and (D) a letter from the Lord Mayor be conveyed to Wally Dean’s family expressing

Council’s sincere condolences. Carried. Note – All Councillors, staff, press and members of the public present stood in silence for one minute as a mark of respect to Wally Dean. BOARDING HOUSE BONUS (S129266) 4. Moved by Councillor Scott, seconded by Councillor Thalis – It is resolved that: (A) Council note that:

(i) as of April 2015, less than 1% of housing in the City of Sydney is affordable rental housing;

(ii) the State Environmental Planning Policy (Affordable Rental Housing) 2009

was introduced “to increase the supply and diversity of affordable rental and social housing throughout NSW”;1

(iii) the State Environmental Planning Policy (Affordable Rental Housing) 2009

offers bonuses to developers for the construction of boarding houses in an effort to increase the supply of affordable rental housing;

(iv) there are no real controls in the State Environmental Planning Policy

(Affordable Rental Housing) 2009 to ensure that boarding house developments qualify as affordable housing in order to make use of available bonuses;

1 NSW Department of Planning and Environment. (2014). Guide to Secondary Dwellings.


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(v) a June 2017 report by Randwick City Council found that in that local government area the cost of a single room in a new boarding house development ranged from $390 - $500, and that new boarding house developments “are not providing affordable accommodation to those in need and/or as the AHSEPP promotes”;2 and

(vi) the City of Sydney faces similar challenges in its efforts to increase the supply

of affordable rental housing; and

(B) the City undertake a community awareness campaign regarding the limitations of the State Environmental Planning Policy (Affordable Rental Housing) 2009 in increasing the supply of affordable rental housing, particularly the failure of bonuses offered for the construction of boarding houses to create affordable rental housing;

(C) as a part of this campaign, the City advocate for changes to the State Environmental

Planning Policy (Affordable Rental Housing) 2009 which would allow bonuses to be taken up only when projected rents meet affordable housing standards; and

(D) the City advocate directly to the NSW Government for such changes. Variation. At the request of Councillor Thalis, and by consent, the motion was varied such that it read as follows. It is resolved that Council:

(A) note that:

(i) as of April 2015, less than one per cent of housing in the City of Sydney is affordable rental housing;

(ii) the State Environmental Planning Policy (Affordable Rental Housing) 2009 was introduced “to increase the supply and diversity of affordable rental and social housing throughout NSW”;3

(iii) the State Environmental Planning Policy (Affordable Rental Housing) 2009 offers bonuses to developers for construction of boarding houses in an effort to increase the supply of affordable rental housing;

(iv) there are no real controls in the State Environmental Planning Policy (Affordable Rental Housing) 2009 to ensure that boarding house developments qualify as affordable housing in order to make use of available bonuses;

(v) a June 2017 report by Randwick City Council found that in that local government area the cost of a single room in a new boarding house development ranged from $390 - $500, and that new boarding house developments “are not providing affordable accommodation to those in need and/or as the AHSEPP promotes”;4

2 Randwick City Council. (2017). Impacts of the AHSEPP within suburbs of Randwick City. 3 NSW Department of Planning and Environment, (2014). Guide to Secondary Dwellings. 4 Randwick City Council (2017). Impacts of the AHSEPP with suburbs of Randwick City.


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(vi) the Lord Mayor has written to the Minister for Planning requesting that the review of the SEPP strengthen the regulation for boarding houses, in particular ensuring the floor space incentive results in the delivery of genuine low-cost housing options; and

(vii) the City of Sydney faces similar challenges in its efforts to increase the supply of affordable rental housing; and

(B) request that the City:

(i) increase public awareness about the limitations of the State Environmental Planning Policy (Affordable Rental Housing) 2009 in increasing the supply of affordable rental housing, particularly the failure of bonuses offered for the construction of boarding houses to create affordable rental housing, as part of any future consultation on relevant policies;

(ii) continue to advocate directly to the NSW Government for urgent changes to the State Environmental Planning Policy (Affordable Rental Housing) to ensure that floor space incentive bonuses will deliver genuine low-cost housing options with rents that are affordable;

(iii) work with surrounding councils and Local Government NSW to call on the NSW Government to strengthen the regulation for boarding houses, in particular, ensuring floor space incentives result in the delivery of genuine low-cost housing options; and

(iv) work with the Greater Sydney Commission to maximise the delivery of affordable housing units within the City of Sydney and the wider metropolitan area.

The motion, as varied by consent, was carried unanimously.

CITY SPACES FOR SAME-SEX MARRIAGE (S129263)

5. Moved by Councillor Phelps, seconded by Councillor Forster –


(A) Council note:

(i) the positive work that the City of Sydney Council has undertaken to support the LGBTIQ community;

(ii) at the Council Meeting held on 23 October 2017, a Notice of Motion was considered regarding City Spaces for Same Sex Marriage, in anticipation of a positive outcome to the marriage equality survey;

(iii) after much discussion, Council moved to request the Chief Executive Officer

to take all necessary steps to:

(a) “amend the City’s Venue Hire Fees to the extent necessary to provide for full waiver of hire fees for the City’s community facilities, halls, other than Sydney Town Hall, and parks for such couples wishing to hire them for wedding functions during the first 100 days immediately following amendments to the Marriage Act becoming law;” and


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(b) “enable Sydney Town Hall to be used for a one-off special event in conjunction with the NSW Registry of Births, Deaths and Marriages, for weddings of such couples to be held on the first day practicable following the Marriage Act amendments becoming law.”

(iv) there was no consultation with the LGBTIQ community or marriage equality advocates before this proposal was put to Council; and

(v) the mixed response from the community regarding the motion to amend the City’s Venue Hire Fees to allow same sex couples to marry in Council venues (excluding Sydney Town Hall) free-of-charge; and

(B) Council be required to:

(i) explain the nature of this “one off special event” to be held at Sydney Town Hall in conjunction with the NSW Registry of Births, Deaths and Marriages proposed by Council at the Council Meeting held on 23 October 2017;

(ii) consult with relevant marriage equality advocacy groups in relation to this “one-off special event”; and

(iii) ensure that the City of Sydney consult with the LGBTIQ community and advocacy groups in any future City of Sydney matters involving or relevant to the LGBTIQ community.

Foreshadowed Motion. Councillor Scully foreshadowed that, should the motion moved by Councillor Phelps be lost or withdrawn, she would move an alternative motion. Procedural Motion Moved by Councillor Phelps, seconded by Councillor Vithoulkas – That the motion be withdrawn. The procedural motion was carried. Councillor Scully then moved her foreshadowed motion, seconded by the Chair (the Lord Mayor), as follows: It is resolved that Council:

(A) note its long and proud history of consulting and working with the LGBTI community in support of achieving the community’s aspirations, including full equality, and in meeting its challenges;

(B) note that it proudly supports addressing the systemic, painful and unjust disadvantage to couples long denied the right to marry by waiving fees for the use of some council facilities for same sex weddings for a period of 100 days;

(C) note that the City will provide use of public spaces on Wednesday 15 November 2017 for people to gather to mark the announcement of the result of the same-sex marriage postal survey;

(D) commend Australians for Marriage Equality and all persons who have actively worked toward a ‘yes’ for human rights and equality; and


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(E) call upon the Australian Parliament to:

(i) immediately consider the Marriage Amendment (Definition and Religious Freedoms) Bill 2017 prepared by Senator Dean Smith, with the Bill passing all stages in both Houses of Parliament by Friday 30 November 2017, noting that:

(a) this Bill has cross-parliamentary support of all members and senators committed to achieving marriage equality; and

(b) this Bill reflects the consensus findings of a cross-parliamentary inquiry which identified the appropriate balance between providing protections for religious freedom while ensuring all couples have the right to marry; and

(ii) reject any amendments to this Bill which would reduce or remove protections from discrimination against LGBTI people.

The motion was carried on the following show of hands – Ayes (8) The Lord Mayor, Councillors Forster, Kok, Miller, Phelps, Scott, Scully and

Thalis Noes (1) Councillor Vithoulkas. Motion carried. HENSLEY HALL, POTTS POINT – DA BREACH (S129263)

6. Moved by Councillor Phelps, seconded by Councillor Vithoulkas –


(A) Council note:

(i) the media has had a field day, at the expense of the City of Sydney, regarding the unapproved demolition of the heritage facade of Hensley Hall in Potts Point;

(ii) the developer, Roxy-Pacific, was fined $6,000 by the City of Sydney, representing the penalty for a minor breach of DA conditions;

(iii) this significant breach of the DA conditions without prior notification to Council, and the response of Council, sends a clear message, and sets a precedent, that the City of Sydney is a pushover for developers who think they can do what they want, pay a nominal fine and get on with it;

(iv) a larger penalty would clearly demonstrate that the Council was serious about deterring this sort of conduct; and

(v) the community is understandably outraged and is demanding answers from Council; and


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(B) the Chief Executive Officer be requested to:

(i) explain to the residents of Kings Cross and the Sydney Local Government Area why this breach was considered only a minor infringement rather than a major breach of the DA conditions on a development of 44 apartments - which will have significant impact on the local streetscape; and

(ii) explain the process involved in making this decision to impose a $6,000

penalty, when major DA condition breaches carry a maximum penalty of $5M for a corporation.

Foreshadowed Motion. Councillor Thalis foreshadowed that, should the motion moved by Councillor Phelps be lost or withdrawn, he would move an alternative motion. The motion was lost on the following show of hands – Ayes (4) Councillors Forster, Phelps, Scott and Vithoulkas Noes (5) The Lord Mayor, Councillors Kok, Miller, Scully and Thalis. Motion lost. Councillor Thalis then moved his foreshadowed motion, seconded by Councillor Kok, as follows: It is resolved that:

(A) Council note:

(i) the City of Sydney granted development consent (D/2015/32/B) for the site at 37-41 Bayswater Road, Kings Cross, for the demolition of the existing contributory building, but requiring the two gable ends, spandrels, parapets and an engaged column of the Bayswater Road façade to be retained;

(ii) the building is not heritage listed, but is identified as contributing to the Potts

Point heritage conservation area; (iii) in August 2017, the City’s Health and Building staff found that an engaged

column, spandrels and parapets had been demolished without approval; (iv) the developer advised the City that during demolition, they discovered the

spandrel and parapet were made of time, not masonry as originally thought, and due to its condition could not be retained: however, they would reconstruct the spandrel and parapet with bricks and render;

(v) in line with requirements for penalties for unauthorised work set by the State

Government, in Schedule 5 of the Environmental Planning and Assessment Regulations 2000 and determined by the building type and whether the offence was carried out by an individual or a corporation, the City fined the developer, Roxy-Pacific, $6,000;

(vi) information about this specific compliance matter has been provided in a

response to a Question on Notice tabled at the Council meeting of 18 September 2017 and via CEO updates on 13 October and 10 November 2017;


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(vii) the penalty notice offences were overhauled and penalties increased in August 2015 under the Environmental Planning and Assessment Amendment (Offences and Enforcement) Regulation 2015; and

(viii) the City of Sydney’s Compliance Policy was reviewed in August 2017 and

guides a “risk-based, responsive, effective, efficient and collaborative” approach to compliance actions taken by the City in a range of matters, including development and building control; and

(B) the Lord Mayor write to the Minister for Planning requesting a further review of the penalty notice offences associated with development and building non-compliances to ensure that fines reflect the seriousness of individual breaches.

The motion was carried on the following show of hands –

Ayes (8) The Lord Mayor, Councillors Forster, Kok, Miller, Phelps, Scott, Scully and Thalis

Noes (1) Councillor Vithoulkas. Motion carried. ENVIRONMENTAL GRANTS – REVIEW OF SELECTION CRITERIA (S129263)

7. Moved by Councillor Phelps, seconded by Councillor Vithoulkas –


(A) Council note:

(i) at the Council meeting held on 23 October 2017, there was a lot of discussion and contention regarding Item 7.3 Grants and Sponsorship – Round Two 2017/18 – Environment Grants – Environmental Performance Grants: Ratings and Assessments and Innovation;

(ii) at the meeting, an amendment was moved by Councillor Scott that the motion be adopted subject to the exclusion, in clause (A), of the grant to the Star Entertainment Group Pty Ltd;

(iii) the amendment was lost and the recommendations were carried; and

(iv) there was concern expressed in the Chamber that applications had been received from large and profitable businesses, for Grants of $10,000 upwards, when these businesses had the resources to self-fund these initiatives, there were established financial incentives to encourage these activities without using public funds, and the money would be better given to more deserving and less financially endowed businesses; and

(B) the Chief Executive Officer be requested to review the criteria for considering environmental grants to ensure a selection process that benefits those businesses that have a more pressing need to receive the grant funds while still achieving the Council’s intended outcomes.


711

The motion was lost on the following show of hands – Ayes (3) Councillors Phelps, Scott and Vithoulkas Noes (5) The Lord Mayor, Councillors Kok, Miller, Scully and Thalis. Motion lost. At 8.30pm the meeting concluded.

Chair of a meeting of the Council of the City

of Sydney held on 11 December 2017 at which

meeting the signature herein was subscribed.

Documents

COUNCIL - meetings.cityofsydney.nsw.gov.au...Nov 13, 2017 · The City was also recognised recently for quality public domain projects at the Landscape Architecture Awards. The AILA