Agenda of Ordinary Council Meeting

Agenda

Good evening Councillors, staff, ladies and gentlemen, we wish to acknowledge the traditional custodians of the land we are meeting on, the Whadjuk people. We would like to pay respect to the Elders of the Nyoongar nation, past and present, who have walked and cared for the land and we acknowledge and respect their continuing culture and the contributions made to the life of this city and this region and I invite you to bow your head in prayer:

Lord, We ask for your blessing upon our City, our community and our Council. Guide us in our decision making to act fairly, without fear or favour and with compassion, integrity and honesty. May we show true leadership, be inclusive of all, and guide the City of Wanneroo to a prosperous future that all may share. We ask this in your name. Amen

Item 1 Attendances

Item 2 Apologies and Leave of Absence

Item 3 Public Question Time

Item 4 Confirmation of Minutes

OC01-04/17 Minutes of Ordinary Council Meeting held on 7 March 2017

That the minutes of Ordinary Council Meeting held on 7 March 2017 be confirmed.

Item 5 Announcements by the Mayor without Discussion

Item 6 Questions from Elected Members

Item 7 Petitions

New Petitions Received

Update on Petitions

UP01-04/17 Objection to Proposed Rezoning in Grayswood Court, Warradale Terrace and Kevo Place, Landsdale and to not Proceed with Proposed Amendment No. 139 to DPS No. 2. (PT01-03/17)

Cr Nguyen presented a petition of 1,313 signatories objecting to the proposed rezoning of Lots 16, 17 and 923 Grayswood Court, Lots 924, 925 and 926 Warradale Terrace and Lot 927 Kevo Place, Landsdale from Special Residential to Residential and to consider not proceeding with the proposed Amendment No. 139 to District Planning Scheme No. 2.

Update

Administration is currently assessing the submissions received on the amendment proposals. A report on the matter will be presented to Council in due course.

UT02-04/17 Objection to Proposed 3 Storey Development, Lot 69 Strive Loop, Girrawheen (PT02-03/17)

Cr Zappa presented a petition of 27 signatories objecting to the proposed 3 Storey Development at Lot 69 Strive Loop, Girrawheen.

Update

The application for 42 Multiple Dwellings at Lot 69 (91) Strive Loop, Girrawheen was considered by the Metro North West Joint Development Assessment Panel (JDAP) on 20 March 2017, and was refused.

Item 8 Reports

Declarations of Interest by Elected Members, including the nature and extent of the interest. Declaration of Interest forms to be completed and handed to the Chief Executive Officer.

Planning and Sustainability

Approval Services

PS01-04/17 SAT Reconsideration of Development Application (DA2015/2161) for Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda

File Ref: DA2015/2161 – 17/52318

Responsible Officer: A/Director Planning & Sustainability

Disclosure of Interest: Nil

Attachments: 2

Previous Items: PS03-12/16 - Consideration of Development Application for Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda (DA2015/2161) - Ordinary Council - 06 Dec 2016 6.00pm

Issue

To reconsider the refusal of a development application for a Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda (subject site) in response to an invitation made by the State Administrative Tribunal (SAT), pursuant to Section 31 of the State Administrative Tribunal Act 2004 (WA).

Applicant	Gary Wood and Karla Champion
Owner	Gary Wood and Karla Champion
Location	Lot 506 (272) Old Yanchep Road, Carabooda
Site Area	10.2 hectares
DPS 2 Zoning	Rural Resource

Background

On 23 November 2015, the City received a development application for a Restaurant and Rural Use at the subject site. A location plan of the subject site is provided as Attachment 1. The applicant proposed a Restaurant and Rural Use which are intended to operate alongside the existing lavender farm on the subject site. The details of the proposal are outlined below:

Restaurant

· Construction of a new building to accommodate a Restaurant, with both indoor and outdoor seating;

· Operating hours: 10.30am – 10.30pm (Monday to Sunday, including Public Holidays);

· Six Restaurant employees;

· 42 onsite car parking bays and three bus parking bays;

· Maximum 50 customers per day (Monday to Wednesday) and 152 customers per day (Thursday to Sunday, including Public Holidays).

Rural Use

· Distilling of lavender products in an existing shed on the subject site, which was approved by the City in 2006;

· Three Rural Use employees;

· Operating hours: 7.00am – 5.00pm (Monday to Sunday, including Public Holidays);

· Selling (by retail) products made from the lavender grown on the farm, such as oils, dried flowers, soaps, creams, potpourri, plants, lavender tea, honey and ice cream. The retail sale of products will take place from a stall within the proposed Restaurant.

Public consultation for the application was undertaken by way of written correspondence to surrounding landowners, newspaper notices, a sign on site and a notice on the City’s website. The advertising period commenced on 7 June 2016 and closed on 20 June 2016. A total of four submissions were received, all objecting to the proposal. The main issues raised by the submitters were:

· The incompatibility of the Restaurant use with the surrounding agricultural area; and

· Potential complaints from the owners of the Restaurant, regarding noise, odour and spray drift from surrounding agricultural land uses, which will threaten the viability of these agricultural land uses.

Administration presented a report to Council (PS03-12/16) on 6 December 2016 whereby the application was refused for the following reasons:

1. The proposed Restaurant is not considered to be compatible with the surrounding Intensive Agriculture land uses and is therefore not considered to be consistent with the objectives of the Rural Resource zone; and

2. The proposed Restaurant may be impacted by the activities associated with the operations of the Intensive Agriculture uses in the surrounding area.

As part of this decision, Council also resolved to instruct Administration to draft a Local Planning Policy to guide the assessment of further sensitive land uses in the rural areas of the City. The Local Planning Policy is currently being progressed by Administration.

State Administrative Tribunal (SAT) Proceedings

Following Council’s decision dated 6 December 2016, the applicants exercised their rights to seek a review of the decision at SAT.

The applicants submitted an application for review at SAT on 20 December 2016. In accordance with the City’s Local Planning Policy 4.17 (LPP 4.17) – State Administrative Tribunal, Administration engaged Altus Planning and Appeals to represent Council at the SAT.

At a SAT mediation held on 14 February 2017, discussions were held around how the application may be amended to address Council’s reasons for refusal. Specifically, the following matters were considered:

· Options for preventing the Restaurant being affected by noise, odour and spray drift from the surrounding properties; and

· Options for preventing complaints from visitors to the Restaurant about noise, odour and spray drift from the surrounding properties.

Following mediation the SAT issued the following orders:

1. The matter is referred back to the respondent to reconsider in light of the progress made in mediation.

2. The applicants shall by no later than 21 February 2017 submit to the respondent an amended proposal.

3. The respondent shall by no later than 4 April 2017 reconsider the proposal;

4. If approval is not granted, the matter is set down for a directions hearing to take place at 2pm on 13 April 2017.

As per the SAT orders the applicants submitted a revised application on 21 February 2017, which is included as Attachment 2.

Detail

The revised application included the following:

· Signage to be displayed in the car parking area advising the following:

‘Please be aware that you are entering an Intensive Agriculture farming area. In the normal course of operations during farming there may be noise from farming equipment and also dust generation, the wind may also carry some odours /mist. Please take action if you have known allergies or if you feel ill notify management immediately. Entrance to this venue is at your own risk.’

· A landscape plan showing plant species to be installed around the proposed Restaurant and on the boundaries of the subject site to reduce the effects of noise, odour and spray drift from the surrounding properties.

No other modifications to the original application are proposed.

Consultation

Public consultation was not undertaken on the revised application on the basis that no significant changes to the original application were made.

Comment

The following comments are made on the revised application.

Noise, Odour and Spray Drift from Surrounding Agricultural Properties

One of the reasons for refusal of the original application was that the proposed Restaurant may be impacted by the noise, odour and spray drift associated with the operations of the intensive agriculture uses in the surrounding area.

The purpose of the proposed landscaping immediately abutting the proposed Restaurant and on the boundaries of the subject site is to act as a ‘buffer’ between the Restaurant and the surrounding agricultural land uses in order to reduce the effects of noise, odour and spray drift from these surrounding land uses.

On behalf of the City, Altus Planning engaged an environmental consultant to provide comments on the landscaping plan submitted by the applicant, who advised that an effective buffer must:

· be located as close as practicable to the point of spray release;

· be a minimum of 40m wide, made up of a 20m-wide landscaping area with 10m fire breaks on either side;

· contain random plantings of a variety of tree and shrub species, at a spacing of 4 to 5m;

· include species with long, thin and rough foliage which facilitate the more efficient capture of spray droplets;

· provide a permeable barrier which allows air to pass through the buffer; approximately 50 per cent of the screen should be air space; and

· have mature trees which are twice the height of the spray release height.

The environmental consultant has advised that the proposed landscaping on the subject site does not sufficiently address the criteria above, and is therefore not likely to be an effective buffer to spray drift. In particular, the landscaping is not located on the surrounding properties which are the source of any potential spray drift.

The applicants have not provided evidence that the proposed landscaping buffer will address noise and odour from the surrounding land uses.

The applicant has also proposed signage to be displayed in the car park area, advising visitors that they are entering an agricultural area and may experience associated odour and spray drift. The City’s Lawyer has advised that the display of such a sign will not diminish the City’s responsibility to investigate any complaints made by customers on the subject site.

Based on the aforementioned advice, Administration considers that the landscaping plan submitted by the applicant is insufficient to effectively mitigate noise, odour and spray drift from the surrounding agricultural land uses. Additionally, the signage proposed by the applicant will not take away the City’s obligation to investigate any complaints made by customers on the subject site.

Compatibility of a Restaurant within the Rural Resource Zone

State Planning Policy 2.5 – Rural Planning (SPP 2.5), which emphasises the importance of intensive agricultural products to the State’s economy, identifies Carabooda as a main provider of such products. One of the objectives of SPP 2.5 is to limit the introduction of sensitive land uses that may compromise existing and future primary production on rural land. Whilst the definition of ‘sensitive land use’ under SPP 2.5 largely relates to residential and institutional building (such as dwellings, schools and hospitals), the definition of ‘sensitive use’ under DPS 2 specifically refers to public establishments where food and drink is consumed (such as a Restaurant).

Similar to the objectives of SPP 2.5, DPS 2 specifies that the objectives of the Rural Resource zone, in which the subject site is located, are as follows:

a) Protect from incompatible uses or subdivision, intensive agriculture, horticulture and animal husbandry areas with best prospects for continued expanded use; and

b) Protect from incompatible uses or subdivision basic raw materials priority areas and basic raw materials key extraction areas.

At its meeting on 6 December 2016, Council resolved to refuse the application for a Restaurant and Rural Use on the basis that a Restaurant is an incompatible land use within the Rural Resource zone. As discussed above, the additional information submitted to the City following the SAT mediation is not considered to sufficiently address the potential impacts on the proposed Restaurant (specifically relating to noise, odour and spray drift) by the activities associated with the operations of the intensive agriculture uses in the surrounding area.

In light of the above, Administration considers that the amended application has not adequately addressed the reasons for refusal and therefore the proposed Restaurant is not compatible with the surrounding intensive agriculture land uses and is not consistent with the objectives of the Rural Resource zone or SPP 2.5.

Conclusion

The orders issued by SAT on 14 February 2017 invite the City to reconsider its previous decision with respect to the proposed Restaurant and Rural Use at 272 Old Yanchep Road, Carabooda. Under s 31(2) of the State Administrative Tribunal Act 2004, Council may do one of the following:

(a) Affirm the decision; or

(b) Vary the decision; or

As outlined above, the amended application is not considered to satisfactorily address the reasons for refusal issued by Council on 6 December 2016. As such, Administration recommends that Council affirms its decision to refuse the application for a Restaurant and Rural Use at the subject site.

Statutory Compliance

This application has been assessed in accordance with the City of Wanneroo’s District Planning Scheme No. 2.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“3 Economy - Progressive, connected communities that enable economic growth and employment.

3.2 Growing Business - Our community is a preferred place for business to locate and grow.”

Risk Management Considerations

Risk Title	Risk Rating
ST-S12 Economic Growth	Moderate
Accountability	Action Planning Option
Director Planning and Sustainability	Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s Strategic risk register. Action plans have been developed to manage this risk to support and improve the existing management systems.

Policy Implications

State Planning Policy 2.5 – Rural Planning

Financial Implications

Nil

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. Pursuant to Section 31 (2) of the State Administrative Act 2004 (WA) by ABSOLUTE MAJORITY AFFIRMS its decision dated 6 December 2016, and REFUSES the modified application for a Restaurant and Rural Use at Lot 506 (272) Old Yanchep Road, Carabooda, as shown in Attachment 2, for the following reasons:

a. The proposed Restaurant is not considered to be compatible with the surrounding Intensive Agriculture land uses and is therefore not considered to be consistent with the objectives of the Rural Resource zone; and

b. The proposed Restaurant may be impacted by the activities associated with the operations of the Intensive Agriculture uses in the surrounding area.

2. ADVISES the State Administrative Tribunal, the applicant and the submitters of this decision.

Attachments:

1 ⇩.	DA2015/2161 - Location Plan - 272 Old Yanchep Road, Caraboda	16/298121
2 ⇩.	DA2015/2161 - Modified Plans - 272 Old Yanchep Road, Carabooda	17/63989	Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 73

Assets

Assets Maintenance

AS01-04/17 Two Rocks Beach Access Options Assessment

File Ref: 28061 – 17/43856

Responsible Officer: A/Director Assets

Disclosure of Interest: Nil

Attachments: 3

Issue

To consider beach access options along Sovereign Drive in Two Rocks.

Background

Two Rocks Coastal Management Options and Two Rocks Beach Access have recently been considered by Council in July 2015 and October 2016 respectively as detailed below:

· IN02-07/15 – Two Rocks Coastal Management; and

· AS04-10/16 – Sovereign Drive Two Rocks Beach Access.

The previous Sovereign Drive Two Rocks beach access staircase and platform structure was constructed in 2002 with a design life of 15 years. In recent years, this staircase had been closed to the public seasonally due to safety risks associated with seasonal beach erosion during winter resulting in an unsafe drop down into the water at the end of the stairs. Storm events in May 2016 resulted in significant beach erosion focussed around the Two Rocks beach access staircase. Pre and post-storm beach surveys indicated beach recession of up to 9m and collapse of 2.5m of dune which caused significant damage to the beach access structure and undermining of the piled foundations.

These issues are a reflection of the fact that this section of coastline was identified as an area at risk of being impacted by coastal erosion and inundation in Part 1 of the City’s Coastal Hazard Risk Management Adaptation Plan (CHRMAP) – Coastal Vulnerability Assessment, which was finalised in 2015. Administration is currently in the process of preparing Part 2 of the CHRMAP which involves the development of an adaptation plan that defines adaptation measures for vulnerable areas of the City’s coast.

While the CHRMAP process will aim to address these issues in the longer term, in the interest of public safety, access to the damaged staircase structure was closed off immediately and investigations/community consultation were undertaken as follows:

· Community site meeting on 3 August 2016 to discuss intentions to remove the staircase structure in the interest of public safety;

· Coastal/structural engineering assessment of the old staircase structure which recommended the following:

o Removal of the staircase and end of the concrete path due to erosion, damage and public safety risks;

o Construction of a new staircase at the exact same location would not provide a functional beach access due to the ongoing coastal erosion issues;

o Long term options for a replacement access includes replacement of the structure landward of the current staircase location or at an alternative location, noting that significant earthworks and clearing will be required to position the structure inland to minimise the risk of ongoing erosion;

· Coastal Aquatic Risk Assessment by Surf Life Saving WA which identified that the 1.5km section of beach north of the marina as not ideal for swimming activities due to the presence of submerged rocks and reef platforms;

· Community Meeting on 21 September including collection of community feedback forms in relation to both short term and long term beach access preferences.

In order to ensure that the most appropriate and best value for money replacement beach access option was selected, engagement of a coastal engineering consultancy for the Two Rocks Beach Access Options Assessment was recommended including consideration of community preferences, coastal erosion issues, public safety, environmental damage and costs.

Council considered a report at its Ordinary Meeting in October 2016 (AS04-10/16) and adopted the following Resolutions:

“1. NOTES the petition received on 16 August 2016;

2. ACCEPTS Coastal Engineering Recommendations to remove the staircase;

3. In view of the community feedback, DOES NOT PROCEED with formalising the beach access track to the north of the staircase as a short term beach access measure;

4. REQUESTS Administration to install a fenced observation point at the end of the pathway to the existing staircase and coastal safety signage at informal beach access locations to mitigate risks identified in the Surf Life Saving Coastal Aquatic Risk Assessment;

5. APPROVES, by ABSOLUTE MAJORITY, an unbudgeted expenditure of $40,000 to undertake a Feasibility Study and Concept Options Assessment for Beach Access at Two Rocks, subject to Section 6.8(1)(b) of the Local Government Act 1995 and in accordance with the City’s Accounting Policy Section 3(8)(a); and the following budget variation:

GL/PR Number	From	To	Description
733710-9399-229	$40,000		Foreshore Maintenance Operating Budget
PR-New		$40,000	Two Rocks Beach Access

6. AUTHORISES Administration to engage a suitably qualified engineering consultancy to undertake a Feasibility Study and Options Assessment to determine long term beach access solutions to north of the Two Rocks Marina with consideration of all community feedback and design proposals in this regard;

7. AUTHORISES Administration to hold a subsequent Community Information Session upon completion of the Feasibility Study and Options Assessment;

8. NOTES that subject to the recommendations of the Feasibility Study and Options Assessment and necessary approvals, a replacement beach access can be installed and be available for use in the 2017/18 summer period;

9. ACCEPTS and SUPPORTS the findings of the “Two Rocks Coastal Management Study – March 2015” that the coastal erosion issues at Two Rocks have been directly caused by the Two Rocks Marina;

10. CONVEYS its significant concerns to the State Government for the State Government’s current lack of commitment to address the coastal erosion issues at Two Rocks either through implementation of long term recommendations in the “Two Rocks Coastal Management Study – March 2015”; and/or a re-design of the Two Rocks Marina to address the ongoing erosion issues;

11. REQUESTS the Mayor to seek an urgent meeting with the Minister for Transport to:

a) express and detail the City’s significant concerns that the need to remove the structure is a direct result of the ongoing coastal erosion issues and that the State Government should provide funding for the removal, Feasibility Study and Options Assessment and subsequent design and construction of a replacement beach access way north of the Two Rocks marina; and

b) seek an early implementation of the long term coastal management measures as recommended in the “Two Rocks Coastal Management Study – March 2015” and/or re-design the Two Rocks marina to address ongoing erosion issues;

12. REQUESTS Administration to notify the petition organiser of Council’s Resolutions; and

13. THANKS the community for its feedback.”

Since October 2016, Council’s decisions have been implemented including the following main tasks:

· A demolition contractor was appointed in October 2016 and the staircase structure was removed as per coastal engineering recommendations;

· An observation point was installed at the termination point of the concrete pathway leading to the removed staircase and coastal safety signage was installed as per Surf Life Saving recommendations; and

· M P Rogers was appointed, following a formal Request for Quotation process, to undertake the Two Rocks Beach Access Options Assessment.

The City is currently in discussion with the State Government regarding coastal management responsibilities and future requirements to manage the ongoing coastal issues north of the Two Rocks Marina. Further information relating to the Two Rocks Coastal Management Study and coastal engineering recommendations can be found in the July 2015 Council Report (IN02-07/15) or via the following link to the City’s Two Rocks Coastal Management web page:

http://www.wanneroo.wa.gov.au/info/20041/environment/236/coastal_management/3

Further information relating to the previous community consultation, technical assessments of the old staircase structure or the coastal aquatic risk assessment can be found in the October 2016 Council Report (AS04-10/16) or via the following link to the City’s Beach Access on Sovereign Drive, Two Rocks web page:

http://www.wanneroo.wa.gov.au/info/20041/environment/236/coastal_management/6

This report provides information relating to the Two Rocks Beach Access Options Assessment and recommendations for a new formal beach access point north of the Two Rocks Marina.

Detail

The Two Rocks Beach Access Options Assessment commenced in November 2016 with the appointment of coastal engineering consultant, M P Rogers. This assessment included all community feedback forms and design proposals received during and after the Community Meeting on 21 September 2016 and considered various options for both beach access location and beach access type. The following criteria were considered for each option in the Multi-Criteria Analysis:

· Feasibility and Practicality;

· Long Term Effectiveness;

· Response to Shoreline Changes;

· Environmental Impacts (i.e. dune clearing);

· Safety;

· Capital & Ongoing Cost;

· Social Impacts and Community Values; and

· Reversible/Adaptable in the Future.

A total of 11 feedback forms and 1 design proposal was received from the Two Rocks Community following the community consultation in September 2016. A summary of this feedback is provided below in terms of location and form of beach access:

· Location:

o 7 respondents favoured the location of the existing stairs (northern location);

o 3 respondents favoured the location adjacent to the northern end of the marina (southern location);

o 1 respondents favoured a location mid-way between the northern and southern locations (mid-way location);

· Form of Access:

o 7 respondents favoured stairs;

o 2 respondents favoured an Octunda; and

o 2 respondents favoured a ramp.

Based on the community feedback the following three potential locations (refer to Attachment 1) were included in the assessment as follows:

· Northern Location – location of the previous staircase structure;

· Mid-way Location – location in between the marina and old staircase structure at the small dune blowout to minimise earthworks and dune clearing requirements; and

· Southern Location – directly adjacent to the northern side of the marina.

Note that community feedback identified the northern location as the preferred location option and based on the M P Rogers assessment of beach safety, geotechnical conditions and coastal erosion issues there was no additional benefit in locating a new beach access point at the southern or mid-way locations. Additionally, existing infrastructure is available at the northern location including the concrete path, shower and parking.

The following options were selected for further investigation in the Multi-Criteria Analysis; however there is a clear majority favouring replacement of the staircase at the old staircase location:

· Northern Location – Ramp Options: Concept cost estimate ($300,000);

· Northern Location – Stairs Option 1: Concept cost estimate ($210,000);

· Northern Location – Octunda: Concept cost estimate ($600,000);

· Northern Location – Modified Octunda: Concept cost estimate ($600,000);

· Mid-way Location – Ramp Option: Concept cost estimate ($800,000);

· Mid-way Location – Stairs Option: Concept cost estimate ($350,000);

· Southern Location – Ramp Option: Concept cost estimate ($400,000); and

· Southern Location – Stairs Option: Concept cost estimate ($380,000).

Note that the Octunda option as proposed by the Community was further investigated and modified to provide a similar additional option that accounts for predicted coastal erosion over its design life ensuring long term functionality of the beach access structure.

A meeting was held between the Mayor, North Coast Ward Councillors, Administration and representatives from the Two Rocks Community on 1 February 2017 to discuss the draft beach access options assessment. Following discussions around the advantages and disadvantages of various options, community representatives were in support of the recommended staircase option at the northern location. Comments were received regarding preferences for a viewing platform and this was then considered further by M P Rogers in two additional options as follows:

· Northern Location – Stairs Option 2 (Piled Viewing Platform - Concept cost estimate $250,000); and

· Northern Location – Stairs Option 3 (Piled Standalone Viewing Platform - Concept cost estimate $450,000).

These additional options improve on the ocean view gained from the proposed viewing platform in Option 1. Option 2 includes a viewing platform located further west to the start of the stairs and piled into bed rock to minimise the risk of damage to the structure from greater than predicted erosion. This will provide a similar view to 15 years ago when the original staircase structure was constructed and improves the view of the ocean and beach immediately in front of the staircase. Option 3 includes a separate viewing platform structure with consideration of dune contours to provide views not only in front of the structure but also to the north and south of the beach access. However, this comes with a significant additional cost in the order of $200,000.

All concept option sketches are provided in Attachment 1.

Based on the Multi-Criteria Analysis of all 10 options, the recommended beach access option is Northern Location – Stairs Option 2 due to the following benefits:

· Low level of dune clearing and earthworks;

· Community preferred location and beach access form;

· Accounts for the ongoing coastal erosion issues;

· Existing infrastructure (parking, shower, concrete path); and

· Relatively low cost.

Results from the Multi-Criteria Assessment and advantages and disadvantages of each option are provided in Attachment 2.

Advantages and disadvantages of various staircase materials (timber, fibre reinforced plastic (FRP) and aluminium) for coastal applications have been assessed by M P Rogers and FRP has been recommended due to the following:

· Longer design life and durability;

· More resistant to fire than timber;

· No corrosion issues; and

· Minimal maintenance requirements.

Following completion of the Beach Access Options Assessment, a Community Information Session was held at the Phil Renkin Centre on 15 February 2017 to present and discuss the assessment and recommendations for a replacement beach access staircase and viewing platform at the original staircase location, but set back to accommodate for the predicted coastal erosion over the design life of the new structure. In general the recommended option was supported by the community with a strong desire to fast track the construction of the staircase to provide formal access as soon as possible. A summary of the main community comments and responses provided by the City of Wanneroo and M P Rogers are provided in Attachment 3.

Consultation

Prior to the removal of the damaged staircase in October 2016, the City undertook comprehensive community consultation including the following:

· A community site meeting on 3 August 2016 to discuss safety risks associated with the staircase structure and intentions to remove the structure;

· Consideration of a petition received from the community on 16 August 2016 resulting in further investigations, assessment and consultation prior to removal of the old staircase;

· A Community Information Session on 21 September 2016 at the Phil Renkin Centre to present information relating to coastal engineering assessments, beach safety assessments and obtain community feedback in relation to long term beach access solutions. Feedback forms were distributed at this session along with reply paid envelopes and all received feedback forms and design proposals were considered by M P Rogers in the Beach Access Options Assessment; and

· A further meeting between Administration, Elected Members and representatives from the Two Rocks community was held on 4 October 2016 to obtain further views on both short term and long term beach access requirements along Sovereign Drive.

As detailed above, a Community Information Session was held at the Phil Renkin Centre on 15 February 2017 to present and discuss the assessment and recommendations for a replacement beach access staircase and viewing platform.

Comment

Although the Northern Location Stairs Option 2 was generally supported in both the meeting with Two Rocks representatives on 1 February and the majority of community members at the Community Information Session on 15 February, further correspondence from community members indicate a desire for a larger beach access structure (Octunda or Modified Octunda) provided sufficient State Government funding is available. It is noted that the Octunda option as proposed by community representatives has been considered by M P Rogers to be not feasible due to the ongoing coastal erosion which will cause functionality and safety issues in the immediate future. As a result, the Modified Octunda was proposed by M P Rogers which sets the structure back from the ocean to ensure continued functionality and beach access safety over the design life of the structure.

Based on M P Rogers concept level cost estimates, the Modified Octunda option is expected to cost approximately $600,000 and the Northern Location Stairs Option 2 is expected to cost approximately $250,000. Without consideration of the cost criteria in the Multi Criteria Analysis, Northern Location Stairs Option 2 remains as the preferred option in the technical assessment undertaken by M P Rogers due to low environmental impacts and community support (7 out of 11 feedback forms). However, value for money of the options must still be considered in the analysis, even if external funding becomes available. Therefore the recommended beach access option by M P Rogers is the Northern Location Stairs Option 2 which includes a replacement staircase structure and piled viewing platform with the following benefits:

· Low level of dune clearing and earthworks;

· Community preferred location and beach access form;

· Accounts for the ongoing coastal erosion issues;

· Existing infrastructure (parking, shower, concrete path); and

· Relatively low cost.

The recommended beach access staircase will be set back from the ocean based on coastal engineering assessment of potential coastal erosion allowing for functionality of the staircase structure for a minimum of 15 years. This includes consideration of the City’s CHRMAP, Part 1 (Coastal Vulnerability Assessment) and updated storm induced beach erosion modelling based on recent beach profile surveys taken adjacent to the staircase location. In order to provide a balance between dune clearing, distance from the staircase landing to the ocean and consideration of ongoing coastal erosion, M P Rogers have based the setback distance of the staircase on 5 years of shoreline retreat plus storm induced erosion for an extreme weather event. On this basis functionality of the staircase is expected for at least 15 years which is consistent with the design life of the original staircase structure. Note that the State Government is currently developing plans for the future Two Rocks marina redevelopment and associated coastal management, as indicated in recent correspondence between the Minister for Transport and the Two Rocks community. Though no firm timeframe for this re-development is available at this stage, it is expected that coastal erosion issues will be addressed well within this 15 year time period.

Additionally, all foundations of the structure will be piled into bedrock and provided ongoing maintenance is undertaken this will ensure that the structure will remain stable over a structural design life of 25 years (Australian Standard recommendations for marine structures) even if erosion occurs beyond the coastal engineering predictions.

The recommended staircase material is fibre reinforced plastic due the benefits associated with durability, design life and maintenance. This material is also more fire resistant than timber.

Design and construction costs for the recommended staircase option is $250,000 based on concept level cost estimates produced by M P Rogers. Note that actual design and construction costs are subject to market conditions at the time of tendering and therefore may vary with concept level cost estimates. However, the relative costing between options are likely to remain accurate. Given that the need to remove the staircase is a direct result of the ongoing coastal erosion caused by the construction of the Two Rocks marina, it is recommended that State Government is approached, via a meeting between the Minister for Transport and the Mayor and Chief Executive Officer, to discuss this matter further and request funding for the above works.

The replacement beach access will not accommodate disabled access; however the path and viewing platform will still provide access for wheelchairs to look out over the beach and ocean similar to the old staircase structure. The construction of a disabled access ramp to the beach at the preferred location will not be feasible in terms of cost and environmental damage (dune clearing) due to the substantial height difference between the dune and beach. Formal universal beach access is available at Quinns Beach in front of the Quinns Mindarie Surf Life Saving Club.

Following Council approval to proceed with the recommended option, all necessary State Government approvals and consultation will be undertaken including:

· Submission of a Clearing Permit to the Department of Environment and Regulation;

· Consultation with the Department of Planning to confirm that this project is exempt from Development Application requirements as it is considered Public Works.

Preparation of tender documentation for the construction of a new beach access staircase is currently underway with tenders only being called once funding confirmation from the State Government has been confirmed.

Following confirmation of funding from State Government the tender process can be concluded shortly thereafter. If the State Government has not made a funding commitment by May 2017, the funding source will be reviewed as part of the 2017/18 budget development process.

The City’s CHRMAP study is currently underway which identifies areas of the City’s coastline that are potentially vulnerable to future impacts of climate change and identifies the risks and suitable adaptation measures for the management of these risks. Coastal vulnerability has been considered in positioning of the new beach access staircase back from the current shoreline, as detailed above. Future adaption plans to manage the coastal erosion issues along this section of the coast will subsequently consider the proposed new beach access structure as recommended by M P Rogers.

Note that the replacement of the beach access staircase is in line with the recommendations of the 2015 Two Rocks Coastal Management Study. This study confirms that the construction of the Two Rocks Marina in 1973 interrupted the longshore sand transport in the area, resulting in the accretion of sediment to the south and erosion of the shoreline to the north. This study also recommends the relocation of the staircase structure at such time that it became vulnerable to coastal erosion and this is included in both of the recommended coastal management options (Managed Retreat and Groyne Construction).

Statutory Compliance

Following Council approval to proceed into the design and construction phase, the City will consult with the Department of Planning regarding approval requirements. However, based on recent similar City of Wanneroo projects, it is believed that replacement of a beach access staircase is considered Public Works and is therefore exempt from the requirements of a Development Application.

Construction of the beach access staircase and lookout structure will require some clearing of existing dune vegetation and therefore a Clearing Permit will be required under the Environmental Protection Act 1986.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“1 Environment - A Healthy and sustainable natural and built environment

1.1 Environmentally Friendly - You will be part of a community that has a balance of environmentally friendly development and conservation areas for future generations to enjoy”

Risk Management Considerations

Risk Title	Risk Rating
ST-S06 Climate Change	High
Accountability	Action Planning Option
Director Planning & Sustainability	Manage

Risks to public safety as a result of damage to the staircase structure are currently addressed through fencing and signage. This will remain in effect until formal beach access is re-instated.

Policy Implications

The City’s Local Planning Policy 4.21 – Coastal Assets Policy has been considered by coastal engineering consultant M P Rogers in the Beach Access Options Assessment through assessment of coastal vulnerability and positioning the structure landward of the existing shoreline to accommodate for ongoing coastal erosion over the lifetime of the structure.

Financial Implications

Based on concept level cost estimates provided by M P Rogers in the Beach Access Options Assessment, costs for the detailed design and construction of the recommended beach access structure and viewing platform will be approximately $250,000. Note that actual design and construction costs are subject to market conditions at the time of tendering and therefore may vary with the concept level cost estimate. Currently $400,000 is listed for consideration in the draft 2017/18 Capital Works Program.

A letter was recently sent to the State Government requesting full funding of the design and construction of the new beach access structure given that the need to remove the old structure was a direct result of the coastal erosion issues caused by the construction of the Two Rocks marina. This funding commitment will be discussed and confirmed following a meeting between the Mayor and Minister for Transport.

Although this funding request is expected to be successful, the City will still submit an additional funding request via the Department of Transport’s Coastal Adaptation and Protection Grant Programme, however this funding programme requires a 50% contribution by the applicant. Given that the closing date for the 2017/18 CAP Grants is 3 April 2017, and that the full funding commitment is unlikely to be confirmed prior to this date, the City will prepare and submit an application which will be withdrawn should the State Government commit to the full funding of the project outside of the CAP Grant programme.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1 ACCEPTS Northern Location Stairs Option 2 for the provision of a beach access at Two Rocks as recommended by the Two Rocks Beach Access Options Assessment undertaken by M P Rogers & Associates;

2 REQUESTS the Mayor to seek an urgent meeting with the Minister for Transport and Attorney General to:

a) discuss the funding of the design and construction of the recommended beach access option given that the coastal erosion issues and subsequent loss of the previous staircase is a direct result of the construction of the Two Rocks Marina;

b) seek early implementation of the long term coastal management measures as recommended in the “Two Rocks Coastal Management Study – March 2015” and/or re-design the Two Rocks Marina to address ongoing erosion issues; and

c) discuss the need for State Government consultation with the Two Rocks Community regarding future coastal management and marina development plans, through the establishment of a Community Reference Group including City of Wanneroo members;

3 AUTHORISES Administration to seek all approvals and prepare tender documents as per Item 1;

4 AUTHORISES the Chief Executive Officer to invite and award tenders for the design and construction of the Two Rocks Beach Access as per Item 1, subject to the resolution of the funding allocation for these works; and

5 REQUESTS Administration to notify the Two Rocks Action Group of Council’s Resolutions.

Attachments:

1 ⇩.	Attachment 1 - Two Rocks Beach Access Options Assessment - Concept Options - Rev1	17/78879
2 ⇩.	Attachment 2 - Two Rocks Beach Access Options Assessment - MCA Results	17/47869
3 ⇩.	Attachment 3 - 15 Feb 2017 Community Information Session - Comments and Responses	17/52721

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 100

AS02-04/17 Quinns Beach Long Term Coastal Management - Detailed Design

File Ref: 16989 – 17/85237

Responsible Officer: A/Director Assets

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider the draft Stage 3 (Detailed Design) report for the Quinns Beach Long Term Coastal Management Study, prepared by Cardno under Contract 01440 – Provision of Consulting Services for Quinns Beach Long Term Coastal Management.

Background

The Quinns Rocks coastline has been subject to ongoing erosion over many years. The City has actively managed these erosion issues since 1996 via coastal engineering investigations, data collection, construction of coastal protective structures and ongoing coastal inspections and maintenance. Implementation of additional coastal management measures are required to address these issues in the longer term and reduce the risk of damage to public and private assets.

The Quinns Beach Long Term Coastal Management Study is currently being undertaken by coastal engineering consultants, Cardno, in accordance with Council’s decision at its ordinary meeting on 16 September 2014 (IN02-09/14).

This study includes the following project stages:

· Stage 1 – Coastal Processes Assessment (complete);

· Stage 2 – Concept Options Assessment (complete);

· Stage 3 – Detailed Design;

· Stage 4 – Technical advice during tendering and construction phases of the project; and

· Stage 5 – Technical advice and coastal engineering services post construction.

As part of the project, a Community Reference Group (CRG) was established in June 2014 which includes City Officers, Elected Members, DoT Representatives and Community Representatives. Since establishment, the Group has met a number of times at key milestones of the Quinns Beach Long Term Coastal Management Study.

The final Quinns Beach Long Term Coastal Management Stage 1 Report (Coastal Processes and Preliminary Options Assessment Report) was presented to, and received by, Council at its meeting on 21 July 2015 (IN03-07/15).

Cardno commenced the Stage 2 study in June 2015 utilising the calibrated numerical models developed in the Stage 1 study, the subsequent improved understanding of coastal processes at the site and a number of concept options shortlisted in the Stage 1 preliminary options assessment. The five most effective coastal management options were shortlisted for assessment in a Multi-Criteria Analysis (MCA). MCA results were agreed by representatives from the City, Cardno, Community Reference Group, Department of Transport, and the Department of Planning and the two best scoring options were as follows:

· Option 1 – Modification of existing groynes, additional northern groyne and beach re-nourishment; and

· Option 2 – Relocation of the Quinns Beach Car Park, additional northern groyne and beach re-nourishment.

These two options were released for public comment via a comprehensive community consultation resulting in 545 responses and over 150 comments, with approximately a 50/50 split in support of each option. The Stage 2 study and community consultation results were presented to Council at its Ordinary Meeting on 16 August 2016 (AS04-08/16) and Option 1 was recommended due to the following:

· Strong community opinions in support of this option;

· Support by the majority of Community Reference Group members;

· Similar capital costs for both options;

· Preserving beach amenity/culture through the creation of a wider beach at the existing car park location;

· High community value of the existing car park location and facilities; and

· Minimal disturbance to established sand dunes.

The extended and additional groynes will enable additional sand to be trapped within the coastal compartments created by the groynes as the sand moves along the coast, resulting in a wider beach and buffer against erosion events during winter storms. This option also allows the City to maintain the existing Quinns Beach carpark which will assist in meeting the future parking demands for this popular section of coast.

Option 1 was adopted by Council on 16 August 2016 for further assessment and refinement in detailed design (Stage 3 of the Quinns Beach Long Term Coastal Management Study) as per the following Council Resolutions:

1. RECEIVES the Stage 2 Report prepared by Cardno for the Quinns Beach Long Term Coastal Management Study;

2. RECEIVES the outcomes of the community consultation in relation to the two preferred long term coastal management options;

3. AUTHORISES the commencement of Stage 3 (Detailed Design) of the Quinns Beach Long Term Coastal Management Study for Coastal Management Option 1 comprising ‘Modification of existing groynes, additional northern groyne (groyne 4) and beach re-nourishment”, noting that the implementation of coastal management works is subject to allocation of required funds in the City’s Long Term Financial Plan; and

4. AUTHORISES Administration to prepare a detailed submission to State Government seeking funding for the implementation of long term coastal management works at Quinns Beach as per Item 3 above.

Copies of the Stage 1 and Stage 2 Reports from the Quinns Beach Long Term Coastal Management Study are available in the Elected Members reading room, on the Elected Members hub and on the City’s website at:

http://www.wanneroo.wa.gov.au/coastalmanagement

Since the August 2016 Council Meeting, Cardno has progressed the design of Option 1 to a suitable level for tendering and construction purposes as part of Stage 3 of the Quinns Beach Long Term Coastal Management Study under Contract 01440 – Provision of Consulting Services for Quinns Beach Long Term Coastal Management.

This Report provides an overview of the detailed design for Quinns Beach Long Term Coastal Management and recommendations to proceed into the Construction Phase of the project.

Detail

Cardno commenced the Stage 3 study on 13 September 2016 following agreement of the detailed design scope of work by the City, Department of Transport, Cardno and Quinns Beach Long Term Coastal Protection Community Reference Group Members. This scope of works is summarised below:

· Geotechnical investigation to determine bedrock levels to feed into the detailed design process;

· Coastal modelling extended to a 50 year timeframe;

· Coastal design refinement based on geotechnical information and additional numerical modelling results;

· Design of beach access including:

o Concept designs of pedestrian beach access staircases north and south of Groyne 1;

o Concept design of a pedestrian beach access staircase at Waterland Point to replace the existing ‘log steps’;

o Detailed design of a beach access ramp for pedestrian and maintenance purposes at the new groyne (Groyne 4) location; and

· Detailed Cost Estimate.

It is noted that the beach access staircase structures were only designed by Cardno at a conceptual level in order to save on design fees and allow for a design and construct Contractor to be engaged for this component of the work, similar to recently completed beach access projects within the City.

Geotechnical Investigations undertaken along the Quinns Rocks coastline have identified buried limestone bedrock beneath the dune systems which increases in level moving towards the northern extent of the study site. Based on the results, areas north of Groyne 3 are expected to have some degree of protection against coastal erosion however the consistency of limestone rock cannot be confirmed without further assessment and ongoing monitoring. Geophysical results are summarised for specific beach sections in the Stage 3 Report with further detail provided in the Geophysical Investigation Report in Appendix C.

Based on the geophysical investigation results combined with numerical modelling results of long term sand transport, Cardno have identified that a fifth groyne north of the proposed new groyne (Groyne 4) at Queenscliff Park is unlikely to be necessary in the short to medium term. Long term requirements of this additional fifth groyne will need to be confirmed through ongoing monitoring and beach maintenance activities such as beach re-nourishment north of the new Groyne 4.

As a result of the additional data collection, numerical modelling and design refinement conducted in the Stage 3 Study, revised design details are as follows:

· Groyne 2 (middle groyne) to be extended by 45m with a total length of 105m (15m less than the Stage 2 concept design);

· Groyne 3 (northern groyne) to be extended by 15m with a total length of 75m (same length as stage 2 concept design);

· New Groyne 4 at Queenscliff Park, 60m in length (same length as Stage 2 concept design);

· Sizing of the groyne rock armour has been based on 1 in 100 year design wave conditions resulting in 6.6 tonne armour at the head of the structure reducing down to 1 tonne armour at the landward end.

· The crest level of the groynes have been optimised to provide a safe structure for pedestrian access during a typical annual storm event, prevent major damage from wave overtopping during extreme storm events and allow for safe pedestrian access over the back of the groyne during normal conditions.

· A concrete beach access ramp will be constructed from the Queenscliffe Park carpark down to Groyne 4 for both pedestrian access and access by maintenance plant and equipment. This has been designed to accommodate the loads of a 45 tonne excavator which is necessary for the safe placement of the 6.6 tonne rock armour during future groyne maintenance works.

· Pedestrian beach access staircase either side of the Groyne 1.

· Beach access north of Groyne 1 may not be necessary following the groyne construction works and potential widening of the beach adjacent to the Quinns Beach carpark. Therefore this component of the works will be put on hold until after the completion of the groyne construction and beach renourishment and confirmation of its requirement from ongoing monitoring.

· Pedestrian beach access staircase at Waterland Point to replace the existing ‘log steps’.

· Materials for beach access staircases have been investigated and FRP or composite materials are generally recommended due to durability/design life and low maintenance requirements. However, material options can be further assessed and confirmed as part of the design and construct contract for these items.

Further detailed information regarding specific components of the works is provided in the Stage 3 Report. Draft Detailed Design Drawings are provided in Attachment 1.

Quinns Beach Long Term Coastal Management Works are recommended to be implemented over a three year staged construction programme commencing 2017/18 (refer to Table 1) due to:

· Limitations on coastal construction works to calm weather periods in summer;

· The need to limit the scale of interruptions to beaches and coastal amenities; and

· Availability of funding.

The estimated capital costs for the Quinns Beach Long Term Coastal Management works have been determined by a professional Quantity Surveying company based on the detailed design produced by Cardno. This comes to a total cost of $6.7M to be staged over three financial years.

Although the cost estimates provide the best possible estimates based on the detailed design produced by Cardno, actual construction costs will be determined during the tender phase of the project and is subject to market conditions at the time of tendering.

Table 1 below provides the recommended construction staging of the works.

Table 1 - Construction Staging

Item	Year
Groyne 2 Extension and Beach Re-nourishment	2018/19
Groyne 3 Extension and Beach Re-nourishment	2019/20
Groyne 4 and Beach Re-nourishment	2017/18
Groyne 4 Beach Access Ramp	2017/18
Beach Access Staircase south of Groyne 1	2017/18
Beach Access Staircase north of Groyne 1*	To be confirmed*
Beach Access Staircase at Waterland Point	2017/18

*The beach access staircase north of groyne 1 may not be required following widening of the beach in front of the carpark during and after groyne construction works.

During the Stage 2 study, the potential future need for a 5^th groyne towards the northern extent of the dog beach and a seawall along the edge of the Quinns Beach carpark was raised, should the erosion issues shift further north as a result of the proposed works or if the extended groynes do not behave as predicted. However, upon completion of the long term numerical modelling and provided that ongoing monitoring and maintenance of this area continues into the future, then both of these structures are not considered necessary in the short to medium term. Additionally, in light of the geotechnical investigation results, further erosion along the northern extents of the study area will likely be limited by the exposed and buried limestone outcrops before road infrastructure or private residences become under threat.

The draft Stage 3 (Detailed Design) Report is available in the Elected Members reading room, on the Elected Members hub and on the City’s website at:

http://www.wanneroo.wa.gov.au/coastalmanagement

Note that this report has been reviewed by the City, Department of Transport and CSIRO and revised accordingly, however minor amendments may still be necessary following the final reviews and the report will be updated and replaced on the City’s website when completed.

The Quinns Beach Long Term Coastal Protection Community Reference Group has met a number of times during the Stage 3 study, most recently on 1 February 2017 to review and discuss the draft detailed design. Overall, the detailed design was supported by the Group and no major issues or concerns were identified.

A Community Information Session was held at the Gumblossom Community Centre on 16 February 2017 to present and discuss the final design details for the Quinns Beach Long Term Coastal Management Study. The session was advertised via on site signage at all major beach access points in Quinns Rocks, a direct mail out to over 1500 properties and a notice on the City’s website. It included a presentation of the Stage 3 study by Cardno, followed by a Question and Answer session to discuss any queries or concerns from the local community. Overall, the design and intentions moving forward into a staged construction programme was supported by the community at the information session.

Consultation

Community Engagement

The Quinns Rocks community was engaged via a comprehensive community consultation programme described above.

Department of Transport

The Department of Transport (DoT) has provided assistance throughout the project including comments on the consultancy scope of work, involvement in the tender evaluation process, attendance of key meetings with the City and Cardno and review of deliverables. DoT has also provided data necessary for the study including hydrographic survey data and met-ocean data and financial assistance through the Coastal Adaptation and Protection (CAP) Grant program described below.

Comment

The completion of the Quinns Beach Long Term Coastal Management Stage 3 Study has provided a refined design of the preferred concept option identified in the Stage 2 study. This has been completed to a sufficient level of detail to allow for tendering and construction of all components of the works and provides the City with predictions of long term shoreline responses to the proposed changes to coastal protection structures. The Quinns Beach Long Term Coastal Management Study has greatly increased the understanding of local sand transport along the Quinns Rocks coastline. The detailed assessment of both short and long term responses to various coastal management options provides assurances that the correct option has been selected to achieve the desired outcomes of maintaining beach amenity and culture, protecting public and private coastal assets and minimising the disturbance to the dune system. However, the limitations of the study need to be well understood such as climate change scenarios and numerical modelling limitations as described in the Stage 3 Report. Therefore, any changes and works on the Quinns Beach coastline will need to be closely monitored during and after construction to ensure that coastal maintenance continues to be undertaken as required.

Coastal construction works will be staged over three years in order to limit construction to calm weather periods during the summer season, limit interruption to beach users and for budgeting requirements which will allow for annual funding submissions to the State Government.

Following Council approval, Administration will commence preparation of approval and tender documentation for the following two Tenders:

· Design and Construction of Quinns Beach Access Staircases (2017/18)

The beach access staircases will be undertaken as a design and construct contract similar to what has been recently undertaken at the City for other beach access staircases along the coastline. This approach will limit design fees and avoid re-design works prior to construction. This contract will include a hold point after design to allow for reviews and potential changes to the design prior to the construction stage. Beach access south of Groyne 1 and beach access at Waterland Point is expected to be completed and opened to the public for summer 2017/18. Construction of the beach access structures prior to the completion of the coastal protection works will help to meet the community expectations for improved beach access at Quinns Beach.

· Quinns Beach Long Term Coastal Management Works (2017/18 to 2019/20)

The Quinns Beach Long Term Coastal Management Works will be separated into three separable portions and staged over three years as follows:

· 2017/18: Construction of Groyne 4, beach re-nourishment and construction of a beach access ramp;

o 2018/19: Extension of Groyne 2 and beach re-nourishment; and

o 2019/20: Extension of Groyne 3 and beach re-nourishment.

The City is currently progressing its Coastal Hazard Risk Management and Adaptation Plan (CHRMAP); however this currently excludes the Quinns Rocks coastline due to the ongoing Quinns Beach Long Term Coastal Management Project. Given that the Quinns Beach Long Term Coastal Management Project will ultimately modify coastal structures and adjacent beach areas, it was considered appropriate to exclude this area from the CHRMAP study until future revisions scheduled for 3-5 years, at which time coastal construction works at Quinns Beach should be completed. Additionally, local met-ocean, survey and geotechnical data gathered as part of the Quinns Beach Long Term Coastal Management study can now be used to inform the assessment and outcomes of the future CHRMAP study inclusive of the Quinns Rocks coastline.

The Quinns Foreshore Master Plan has progressed to a completed draft stage. The Master Plan has been developed via a Project Reference group which comprised of local residents, Quinns Mindarie Surf Life Saving Centre, Portofinos Restaurant, Elected Members and representatives from the City’s Community Facilities, Asset Maintenance, Community Links, Property and Strategic and Environmental Planning teams. The scope of the Master Plan was to consider appropriate infrastructure upgrades at Fred Stubs Park, the public area in front of the Quinns Mindarie Surf Life Saving Club and Portofinos and the path connection from the Quinns Mindarie Surf Life Saving Club through to the Mindarie Marina. The objectives of the Master Plan in respect to these areas has been to create more connected and integrated areas of public open space and improve the available infrastructure at each of the sites, while being sympathetic to the natural environment and establishing a sense of place. A further review of the draft Master Plan is planned to be undertaken by Administration in respect to both the proposed infrastructure upgrades and also the outcomes of the CHRMAP process for this area. It is envisaged that final reporting of the Master Plan outcomes will occur post the completion of the CHRMAP, with implementation to occur after the implementation of the Quinns Beach Long Term Coastal Management Works and CHRMAP process.

The City will continue to monitor the Quinns Rocks coastline via quarterly and post-storm photographic beach monitoring, 6 monthly beach surveys and annual condition assessment of coastal structures. Coastal maintenance works such as annual beach re-nourishment, dune rehabilitation and other maintenance works will continue to be undertaken prior to, during and post construction of the Quinns Beach Long Term Coastal Management Project.

Statutory Compliance

Approval requirements for implementation of the Quinns Beach Long Term Coastal Management Project will include the following:

1) Clearing Permit from the Department of Environment Regulation under the Environmental Protection Act 1986 due to dune clearing requirements;

2) Development Application Approval from the Department of Planning. Based on recent similar City of Wanneroo projects, it is believed that beach access and coastal protection structures are considered Public Works and are therefore exempt from the requirements of a Development Application. This will be confirmed in consultation with the Department of Planning; and

3) Aboriginal Heritage Approval from the Department of Aboriginal Affairs. Requirements for approval will be confirmed in consultation with the Department of Aboriginal Affairs.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“1 Environment - A Healthy and sustainable natural and built environment

1.1 Environmentally Friendly - You will be part of a community that has a balance of environmentally friendly development and conservation areas for future generations to enjoy”

Risk Management Considerations

Risk Title	Risk Rating
ST-S06 Climate Change	High
Accountability	Action Planning Option
Director Planning & Sustainability	Manage

Risk Title	Risk Rating
ST-23 Stakeholder Relationships	Moderate
Accountability	Action Planning Option
CEO	Manage

The above risks relating to the issue contained within this report has been identified and considered within the City’s Strategic risk register. Action plans have been developed to manage these risks to improve the existing management systems.

It is noted that the ongoing coastal erosion risks pending the implementation of the Quinns Beach Long Term Coastal Management works are being managed via ongoing monitoring and implementation of coastal maintenance works, such as beach re-nourishment, and emergency coastal protection works as required.

Policy Implications

The Quinns Beach Long Term Coastal Management Study has been undertaken with consideration of the State Coastal Planning Policy 2.6 (SPP 2.6) and the City’s Local Planning Policy 4.21 – Coastal Assets Policy.

The Coastal Protection Policy for Western Australia is now obsolete and the Department of Transport is nearing completion of a review process which will produce a new document summarising State Government’s role with regards to coastal hazard management. Meanwhile, the Department of Transport has been kept well informed throughout the study with involvement in technical reviews and funding via the Coastal Adaptation and Protection Grants programme.

Financial Implications

Based on detailed design cost estimates provided in the Stage 3 Study, total costs for all coastal construction works associated with the Quinns Beach Long Term Coastal Management Study recommendations are estimated at $6.7M to be split over three financial years as follows:

· Stage 1 - 2017/2018: $2.2M

o Groyne 4 Construction and Beach Renourishment;

o Groyne 4 Beach Access Ramp Construction; and

o Construction of 2 Pedestrian Beach Access Staircases.

· Stage 2 - 2018/2019: $2.8M

o Groyne 2 Extension Works and Beach Re-nourishment.

· Stage 3 - 2019/2020: $1.7M

o Groyne 3 Extension Works and Beach Re-nourishment.

Note that actual construction costs are subject to market conditions at the time of tendering and therefore may vary from the values indicated above.

$450,000 of the 2016/2017 budget under PR-2561 was relinquished at mid-year review as it could not be expended this financial year. This has left the remaining budget of $250,000 for coastal engineering detailed design works and the design component of the design and construct contract for two beach access staircase structures.

In addition to the $450,000 carry over from 2016/17, the Long Term Financial Plan includes in 2017/18 $2M for stage 1 of the project and in 2018/19 a further $1M for stage 2, all funded from the Strategic Projects / Initiatives Reserve. Currently there is no allocation of budget for 2019/20, leaving an overall project shortfall of $1.8M in 2018/19 and $1.7M in 2019/20.

It is noted that a funding submission was submitted to the State Government in December 2016 as per Council Resolution 4 (AS04-08/16) seeking additional funding support for the Quinns Beach Long Term Coastal Protection Works; however there has been no response to date. Meanwhile, the City will continue to seek funding each year up to a maximum value of $300,000 via the Department of Transport’s Coastal Adaptation and Protection Grant Programme. This funding programme has provided funding to the City for 50% of coastal engineering consultancy fees for the Quinns Beach Long Term Coastal Management Study and recently $300,000 for 2016/17 beach re-nourishment works as part of the City’s ongoing beach maintenance works at Quinns Beach.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. RECEIVES the Stage 3 Report and Detailed Design prepared by Cardno for the Quinns Beach Long Term Coastal Management Study;

2. APPROVES the following staging of Quinns Beach Long Term Coastal Management Works:

a) 2017/18: Construction of Groyne 4, beach re-nourishment and construction of a beach access ramp;

b) 2018/19: Extension of Groyne 2 and beach re-nourishment; and

c) 2019/20: Extension of Groyne 3 and beach re-nourishment;

3. NOTES the funding submission submitted to the State Government in December 2016 for the Quinns Beach Long Term Coastal Management Works and REQUESTS the Mayor to write to the State Government seeking a response as a priority to enable delivery of the Project as per Resolution No. 2;

4. AUTHORISES Administration to prepare tender documentation and advertise for the construction of the Quinns Beach Long Term Coastal Management Works, staged over three years commencing 2017/18 including:

a) 2017/18: Construction of Groyne 4, beach re-nourishment and construction of a beach access ramp;

b) 2018/19: Extension of Groyne 2 and beach re-nourishment; and

c) 2019/20: Extension of Groyne 3 and beach re-nourishment;

5. AUTHORISES Administration to prepare tender documentation and advertise for the design and construction of pedestrian beach access staircases south of Groyne 1 and at Waterland Point with construction works to be undertaken in 2017/18;

6. APPROVES the allocation of a further $1.8M in 2018/19 and $1.7M in 2019/20 from the Strategic Projects/Initiatives Reserve for Stages 2 and 3 of the Quinns Beach Long Term Coastal Management Works respectively; and

7. REQUESTS Administration to prepare Coastal Adaptation and Protection Grant Funding submissions to the Department of Transport for the Quinns Beach Long Term Coastal Management Works.

Attachments:

1 ⇩.

Attachment 1 - Draft Design Drawings Rev1 - Quinns Beach Coastal Management

17/81628

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 118

Community & Place

Community Facilities

CP01-04/17 Wanneroo Showgrounds Tennis Courts - Renewal Project

File Ref: 24644 – 17/9065

Responsible Officer: Director Community & Place

Disclosure of Interest: Nil

Attachments: 4

Issue

To consider the current status of the project and a revised scope of works.

Background

Wanneroo Showgrounds is a District Active Park and located at (Lot 501) 21K Ariti Avenue, Wanneroo (Attachment 1). It should be noted that part of Lot 2 (21 Ariti Avenue) forms part of the Wanneroo Showgrounds that is inside the perimeter fence.

This Park has an open playing field with floodlighting and buildings surrounding the park including the Wanneroo Clubrooms and Margaret Cockman Pavilion. There are also three stand-alone toilet blocks, two playgrounds and CCTV. The Wanneroo Youth Centre sits just outside the Wanneroo Showgrounds boundary to the south and is now home to the new Skate Park.

The white wooden post and rail fencing around the main arena is listed on the City's Municipal Heritage Inventory. The bench seating surrounding the arena is also considered high in heritage and community value.

The existing tennis courts are a two court configuration and are located in the south east corner of the Wanneroo Showgrounds (Attachment 1), between the Wanneroo Agricultural Society shed and Wanneroo Road.

The closest tennis courts to these are at Elliot Road however they are not open under the City’s free to access arrangements and require a key when the community wish to use them. The closest free community use courts are:

· Delamare Park, 71 Abbey Green Road, Banksia Grove;

· Hudson Park, 33 Hudson Avenue, Girrawheen and;

· Koondoola Park, 90 Koondoola Avenue, Koondoola.

Detail

The project was initially endorsed as a part of the 2015/16 Capital Works Budget, with the original project scope being to re-surface the existing courts, as the court surface had become cracked and “puff balls” starting to grow through the surface.

A more detailed assessment of the court condition was undertaken by the Project Engineer to confirm the project scope. It was at this time that it was found that the underlying cause of the court surface issues was due to the proximity of the courts to the surrounding trees and tree root system, and also due to the contamination of the soil underneath the courts, which had led to the prevalence of puff balls in the court surface.

As a result, two initial court resurfacing/rehabilitation options were investigated, as outlined below:

Option

Description

Cost

Detail

Court Re-surfacing

$25,600

As puff balls and cracking are likely to return to the court in time, this option is a simple patch up, resurface (acrylic only) and monitor.

Works include repair base/tree roots, patch, grind, resurface (three coat acrylic) and line marking

Court Rehabilitation

$50,000

This rehabilitation option involves adding a geofabric intermediate layer and new asphalt which will help suppress cracking, although puff balls will eventually return and reflective cracking will occur, however it will last longer than Option 1. It is difficult to determine how long before puff balls or cracking will recur.

Works include repair base/tree roots, Asphalt/geofabric, Acrylic surfacing, line marking, etc.

It is the view of Administration that neither of these options will be value for money as there is no guarantee that these treatments will be effective in the long term due to the existing tree roots and subsoil make up.

As a result of the analysis of Options 1 and 2 above, Administration has investigated two further options involving the re-location of the courts. These are as outlined below:

Option 3 – Relocate Courts Further East

This option involves relocation of the courts further to the east of its current location, in an attempt to have the courts in an area free of the organics which are causing the puff ball issue. With treatment of the soil, this option could be viable however there is also the issue of damaging the trees on the western side between the Wanneroo Agricultural Society shed and the current court location.

The construction of new courts would need to be moved far enough east to avoid the tree root systems, which will require the relocation of the BBQ and the playground equipment on the eastern side (Attachment 1). It should be noted however that this option does not fully resolve the puff ball issue without removing the contaminated soil and treating the ground prior to rebuilding the courts in this location, thus entailing a significant increase in the scope of the project, which would be in excess of the current budget.

A summary of advantages and disadvantages is as follows:

Advantages	Disadvantages
Courts in a similar location	Relocation of other amenities such as lighting, BBQ’s, fencing
Preferred - North/South Orientation	Significant increase in scope of works, beyond the current budget.
	No court facilities until works completed
	No opportunity to relocate the existing playground

Option 4 – Relocate to Old Skate Park Site (preferred option)

This option involves the relocation of the courts to the old skate park hard stand (Attachment 2). This option would see the courts being constructed over the existing asphalt, which has no signs of the issues related to the existing tennis court location.

In keeping with a recent inspection conducted by Paperbark Technologies (Attachment 3) it was found that the tree on the northern side of the old skate park is a Eucalyptus gomphocepahala, which is a Western Australian native tree. To retain the tree, it is suggested to change the orientation of the courts from North/South to East/West, noting that Tennis West identifies a North/South orientation as preferable but not mandatory. The advice received from Tennis West is that:

“Courts should be oriented so that the sun inconveniences players as little as possible. The best orientation will depend on the time of day and time of year that play is most likely to take place, with a north-south orientation preferred.” And ‘However, if it came down to the difference between keeping or losing the tennis courts, an east-west orientation would be preferable to losing the courts altogether and this would likely be okay if the courts are used only for recreational purposes; there would be concerns, however, about the popularity of their use in the early morning and late afternoon due to glare from the sun.”

In addressing the issue of glare from the sun with an East/West orientation, it is suggested that there are large leafy trees surrounding the site to reduce the level of glare from the sun. It should also be noted that the main playing arena is an East / West orientation for AFL and that a North / South orientation is preferred for similar reasons. As the intent of these courts is to provide for community level tennis activity, and this option preserves the court footprint 4.5 metres clear from the base of the tree, which satisfies a requirement of the inspection report, the use of the existing old skate park hard stand is Administration’s preferred option. This is noting that the project will also take into consideration the needs of event stakeholders in using this space.

A summary of advantages and disadvantages is as follows:

Advantages	Disadvantages
No known issues with the sub surface soil at the old skate park site	Court orientation not matching Tennis West preference.
Provide open access
Increased passive surveillance
Value for money
Opportunity to design playground renewal to be conducive with the Wanneroo Skate Park

Investigation was also undertaken in respect to the orientation of courts on the diagonal, however geometrically the existing hard stand dimension prevents this with a single court option far less than a twin court configuration (Attachment 4).

This option will include the removal of the existing courts and fence. The existing playground is due for renewal under the Asset Renewal Program and once the old tennis courts are removed, this site could be included in the footprint when designing the playground replacement. This option will also include a slight increase in the footprint of the existing hard stand.

Under the City’s District Planning Scheme and the Local Heritage Survey the proposed works will require Council Approval. The Wanneroo Showgrounds is listed (52) on the City’s Local Heritage Survey (LHS) as a Category 2 listing.

It is anticipated that this project will be delivered within the 2016/17 Capital Works Program.

Consultation

The consultation process was undertaken in line with the City’s Community Engagement Procedure.

The project and proposed direction (including Administration’s preferred option) has been discussed with the existing hirers of the Wanneroo Showgrounds. The groups included:

· Wanneroo Junior Football Club

· Nollamara RSL

· Wanneroo Amateur Football Club

· Wanneroo Agricultural Society

· Fitness 4 Life

· Wanneroo Cricket Club

· Phoenix Calisthenics

The comments received from the hirers are supportive and that either location is acceptable to these groups.

The Wanneroo Agricultural Society expressed an interest in using the old skate park hard stand during the Wanneroo Show and this is possible if the new courts are relocated to this site. It is currently proposed to only fence the east and west sides and leave the north and south sides open.

Comment

The provision of tennis courts at Wanneroo Showgrounds provides for casual recreation tennis with structured club tennis being based at Elliot Road Tennis Courts. While the proposed site allows for an east/west orientation only, it is considered to be the most feasible option, with the impact on use being minimal.

Statutory Compliance

Under the City’s District Planning Scheme and the Local Heritage Survey the proposed works will require Council Approval

The Wanneroo Showgrounds is listed (52) on the City’s Local Heritage Survey (LHS) as a Category 2 listing. Category 2 definition as follows:

Management Category

Category 2

Management Category Description

High Level of protection through the town planning scheme,

Category 2 places are included in the City’s Heritage List pursuant to the City of Wanneroo DPS2. Inclusion on the City’s Heritage List provides maximum encouragement to the owner to conserve the heritage significance of the place.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“2 Society - Healthy, safe, vibrant and active communities.

2.2 Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.”

Risk Management Considerations

An asbestos materials survey was carried out by Site Environmental Remediation Services on 13 September 2016 and identifies the site as a low risk. Appropriate methodology will be applied for the removal when making good the old tennis courts. Additional funding for asbestos removal or further investigation will be required in 2017.

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The provision of tennis court at Wanneroo Showgrounds is consistent with the public open space hierarchy within the City Local Planning Policy – 4.3 – Public Open Space

Financial Implications

The current budget under PR-2963 is $29,000 with a balance remaining of $26,302. Expenditure to date is:

· City of Wanneroo Project Management Fees $800

· Find wise Location Services $889

· Paperbark technologies $1,809

An amount of $154,000 has also been set aside under the Parks Asset Renewal Program (PR-1910) to contribute to the works in this project. As a result the total remaining budget for the project is $180,302, which this report will seek to consolidate into PR-2963.

The construction estimate is $153,875 and includes:

· Extension of the existing hard stand;

· Resurface of tennis court including line marking;

· New nets and poles;

· New Fence;

· Removal and disposal of Skate Park Structures and existing bench seats (due for renewal);

· Removal and disposal of the existing tennis court and fence; and

· Landscaping to existing tennis court which include irrigation and turf.

Total construction works is $153,875 plus $26,427 contingency (14.5%) = $180,302

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. APPROVES the relocation of the Wanneroo Showgrounds Tennis Courts from the existing location to the site of the old skate park as per Attachment 1 of this report;

2. NOTES that the courts will be community use and open to the public, with the design taking into account the requirements of the Wanneroo Agricultural Society and other stakeholders undertaking events at the Wanneroo Showgrounds;

3. NOTES that the proposed project scope is within the existing budget allocation of $180,302; and

4. APPROVES BY ABSOLUTE MAJORITY the following budget amendment, pursuant to Section 6.8(1)(b) of the Local Government Act 1995, to consolidate funding for the Wanneroo Showgrounds Tennis Court Resurfacing.

Project No	From	To	Description
PR-1910	154,000		Parks Asset Renewal Program
PR-2963		154,000	Wanneroo Showgrounds Tennis Court Resurfacing

Attachments:

1 ⇩.	Location Plan - Wanneroo Showgrounds	16/415914	Minuted
2 ⇩.	Wanneroo Showgrounds - Proposed Court Location - 2 Courts	17/49776
3 ⇩.	Wanneroo Showgrounds Tree Survey - Tennis Court & Playground upgrade	16/416438
4 ⇩.	Wanneroo Showgrounds Tennis Court Proposed Location - One Court	17/49347

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 147

CP02-04/17 PT01-02/17 Update - Upgrade of the existing BMX Track at Warradale Park, Landsdale

File Ref: 28876 – 17/73522

Responsible Officer: Director Community & Place

Disclosure of Interest: Nil

Attachments: 1

Issue

To consider petition PT01-02/17 presented to Council at its meeting held on 7 February 2017 seeking an upgrade of the BMX track at Warradale Park, Landsdale.

Background

Warradale Park is located at 31 Warradale Terrace, Landsdale (Attachment 1). The site has two lots; Lot Number 12938 located on Reserve No 45966 and Lot 13968 on Reserve No. 45966. Warradale Park has an overall land area of approximately 11 hectares classifying it as a District Park. The Park is Crown Land vested to the City of Wanneroo for the purpose of public recreation.

The Park is bounded by residential properties on the north, east and west. To the south is the Landsdale Primary School. The northern section of the reserve is a man-made lake with the playing field located in the southern section of the reserve. There is a level difference of two metres across the site.

The Park includes the following amenities:

· Warradale Community Centre (constructed 2001);

· Warradale Clubrooms Building (constructed 2009);

· Senior Sized Sports Oval (extensions undertaken in 2016);

· Path network and Barbeque (constructed 1999);

· Nature Playground (constructed 2016);

· Cricket Nets (relocated in 2016);

· Car Parking (increased in size 2016); and

· BMX Track (constructed 1999).

Other existing wheeled sports facilities within the City of Wanneroo include:

Type	Location	Distance from Landsdale BMX
BMX track	Koondoola Park, Koondoola	4km
BMX track	Nanatee Park, Wanneroo	7km
BMX track	Peridot Park, Banksia Grove	12km
BMX track	Houghton Park, Carramar	12.4km
BMX track	Key Largo Drive, Clarkson	18.4km
BMX track	Anthony Waring Park, Clarkson	18.6km
BMX track	McCoy Park, Quinns Rocks	22km
Skate park	Paloma Park, Marangaroo	3.5km
Skate park	Hainsworth Park, Girrawheen	5km
Skate park	Ariti Avenue, Wanneroo	7.3km
Skate park	Key Largo Drive, Clarkson	18km
Skate park	Kingsbridge Park, Butler	23km
Skate park	Charnwood Reserve, Two Rocks	42.5km

Detail

Petition PT01-02/17 specifically seeks the following:

"… that Council consider either upgrading the existing BMX track at Warradale Park, Landsdale; or

The repurposing of the current BMX track at Warradale Park, Landsdale into a skate park / track; or

A combination of both…..”

The Landsdale Residents Association have received a number of contacts through the Association’s social media platform requesting upgrades to the existing track and several suggestions to have the space converted to a skate park.

In considering these requests, further investigation needs to be undertaken to understand the most suitable outcome for the BMX Track. This will involve consultation with local residents and users of the facility to determine the preferred outcome for the site with consideration made to the locality’s demographics, existing provision, and proximity to other facilities and residential properties.

Consultation

The proposed consultation strategy to address the intent of the petition will be undertaken in line with the City’s Engagement Policy.

The objective of the consultation process will be to determine the Community’s preference for the site through both online and in person processes. The proposed consultation strategy will be based upon consultation with the following stakeholders including:

· Young People;

· Relevant Government and Non-Government agencies;

· Existing user groups of Warradale Park;

· Local residents; and

· The Landsdale Residents Association.

The proposed consultation process will be undertaken in four stages as detailed below.

Stage 1

A desktop analysis to determine the needs and requirements, which will include the following:

· Review and analysis of existing City of Wanneroo wheeled sports facilities;

· Demographical review of the locality; and

· Broader analysis of participation trends.

Stage 2

Conduct small, informal on-site meetings at the following City of Wanneroo BMX tracks and skate parks, supported by targeted on-line consultation:

· Landsdale BMX track;

· Banksia Grove BMX track;

· Carramar BMX track;

· Koondoola BMX track;

· Nannatee Park BMX track;

· Paloma Skate Park; and

· Hainsworth Skate Park.

The aforementioned locations have been selected as they are located within reasonable proximity to the Landsdale BMX track and therefore may capture current and future users of the BMX track at Warradale Park.

The consultation will engage with interested young people and facility users, with the information gained from these sessions to be included in the overall consultation results. This consultation will be undertaken with the involvement of the City’s Youth Services staff.

Stage 3

This stage in the consultation process will involve the collation and analysis of the consultation outcomes to inform facility requirements. This is turn will be used as a basis for the development of preliminary concepts and cost estimates.

At this stage a report will be tabled to Council regarding the consultation outcomes, preliminary concepts and cost estimates. This report will also seek approval to undertake the stage 4 broader community consultation.

Stage 4

Based on the outcomes of the three previous stages, broader consultation will be conducted with residents to inform and seek feedback on the requirements and proposed concept for the site.

This consultation with the community will be done in accordance with the City’s Engagement Policy, and it is proposed to include:

· Distribution of an information letter with survey link to residents within a 400m radius of the boundaries of the Park, welcoming their feedback via an online survey;

· Inclusion of the survey and comment form on the City's web site under the 'Your Say" section and Facebook page; and

· Distribution to key community groups.

At the conclusion of this stage a final report will be presented to Council reporting on the community consultation outcomes and proposed direction resulting from this process.

The envisaged timeframe for this consultation process (including Council report cycles) is outlined within the table below:

Consultation Stage	Duration	Proposed Start Date	Proposed End Date
Stage 1	2 weeks	17 April 2017	28 April 2017
Stage 2	6 weeks	17 April 2017	30 May 2017
Stage 3	6 weeks	31 May 2017	9 July 2017
Stage 4	11 weeks	3 July 2017	19 September 2017

Comment

Whilst the City recognises the current facility at Warradale is approximately 17 years old and has deteriorated in condition, a detailed understanding of the needs and requirements of facility users, young people and surrounding residents is firstly required to determine the provision type and demand for a wheeled sports facility at Warradale Park.

Outcomes of the consultation process will require consideration alongside other project requirements within the City and will be subject to both resource and budget availability.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“2 Society - Healthy, safe, vibrant and active communities.

2.1 Great Places and Quality Lifestyle - People from different cultures find Wanneroo an exciting place to live with quality facilities and services.”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The development of the public open space is required to be consistent with Local Planning Policy 4.3 - Public Open Space.

Financial Implications

The proposed consultation process and preliminary concept development can be accommodated within existing operational budget.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. NOTES the Petition PT01-02/17 tabled at its Ordinary Council Meeting of 7 February 2017;

2. NOTES the proposed consultation strategy and timeframes for investigating the requirements for a wheeled sports facility at Warradale Park; and

3. AUTHORISES the Director Community and Place to advise the petition organisers of the outcomes of this report.

Attachments:

1 ⇩.

Warradale Park Location Map

17/79736

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 152

CP03-04/17 Banksia Grove Skate Park Proposal

File Ref: 28852 – 17/74039

Responsible Officer: Director Community & Place

Disclosure of Interest: Nil

Attachments: 6

Issue

To consider a proposal for a skate park in Banksia Grove.

Background

The Banksia Grove District Open Space (District Open Space) is located on Grandis Park, being Lot number 8020, 2 Grandis Boulevard, Banksia Grove (Attachment 1). The property type is Crown land vested in the City of Wanneroo for the purposes of recreation.

The District Open Space forms part of joint use facility with Joseph Banks Secondary College, which is a 9.7 hectare high school site on the corner of Splendens Avenue and Pinjar Road, Banksia Grove. Adjacent to the High School site is a 3.5 hectare Primary School site and the 6.2 hectare District Public Open Space (Attachment 1).

In 2009 discussions occurred with representatives of Banksia Grove District Nominees (BGDN) and Department of Education (DoE) to discuss the purpose of the precinct. The City received a formal request from BGDN to partner in the project and share the cost of appointing a consultant to complete the planning and design work on a one third basis with the developer and DoE. Administration endorsed this partnership and in 2009 Gresley Abas Pty Ltd was appointed to undertake the planning and design work.

Following a thorough design and stakeholder consultation process the Banksia Grove Education and District Open Space Precinct Plan Report, including a concept plan (Attachment 2), was completed and presented to the City, DoE and BGDN.

The plan provided for the development of the 19.4Ha site to incorporate the following:

Facility	Associated Infrastructure
High school	School Administration and classrooms; Shared Library; Performing Arts Centre; Sports Hall;
Primary school	Early Childhood; School Administration and classrooms; School Library; Covered Assembly;
Playing Fields	2 full-sized multi-purpose playing fields ; 1 senior size rectangular playing field; Floodlighting;
Hard Courts	8 multipurpose hard courts with space to expand to 12 courts;
Clubrooms/Changerooms	To serve the playing fields and hard courts;

In October 2016, the City received a revised proposal from Banksia Grove Development Pty Ltd (BGD) for the development of a skate park at the District Open Space. The original proposal received by the City sought to have the project pre-funded by Banksia Grove, with a view of the City reimbursing this amount in future years. Concern was expressed about this funding model and subsequently a revised proposal was put forward which proposed the project cost being equally split between the City and Banksia Grove, based on an estimated cost of $608,000. In addition to this, the proposal saw Banksia Grove maintain the surrounds of the proposed skate park until 30 June 2022 (aligning with their current agreement with the City in respect to maintenance of the District Open Space). A copy of the revised proposal and concept layout has been included within (Attachment 3 and 4).

Detail

Proposed Concept, Funding and Schedule

Key components of the proposed concept are as follows:

Skate elements

· Wave Ramp

· Leaf Bank

· Ramp/Ledge/Step Combo

· Slappy Bank

· Ramp/Gap/Rail Combo

· Curved Ledge

· Kidney Bowl

Non skate elements

· Circular Manual Pad

· Feature Shade structures

· Limestones walls

· Steps

· Native Planting

Key aspects of the proposed funding model and the envisaged project schedule is as follows:

Proposed funding model:

Project Stage	Funding Contribution
	BGD	COW
Concept & Cost Revision (including independent QS)	100%
Lotterywest Grant funding EOI & Application		100%
Needs & Feasibility Assessment	100%
COW Project Manager resource (est $50k)	100%
Detail Design (including independent QS)	100%
Tender Drawings & Build Specification	100%
Construction Cost	$308K	$300K (max)
Construction Supervision		100%

It should be noted that a revision of the concept costs was undertaken in February 2017 and has seen the total project cost remain within the initial estimate of $608,000. As outlined above, the funding model is based on the City’s contribution being capped to a maximum of $300,000.

Proposed Project Schedule:

Key Tasks	Target Date	Who
Needs & Feasibility Assessment	Feb 2017	BGD
Concept & Cost Revision	Feb 2017	Both
COW Budget bid for 2017/18	March 2017	COW
Council endorsement of concept & approval for consultation	April 2017	COW
Lotterywest grant EOI	April 2017	COW
Consultation process	April/May 2017	COW
Council report – consultation outcomes and concept, cost and funding model	June 2017	COW
Design Development	April 2017 onwards	BGD
Tender Drawings & Build Specification	April 2017 onwards	BGD
Tender	Sept/Oct 2017	COW
Council report – tender outcome	Dec 2017	COW
Construction – approx. 22 wks.	Feb 2018	COW

It should be noted that the project schedule is subject to further revision as the project progresses and more detailed planning undertaken.

Assessment of Need and Feasibility

An assessment of need and feasibility has been undertaken on a joint basis between the City and Banksia Grove and has been provided as (Attachment 5). A summary of key findings identified within the assessment has been provided below.

Site Analysis

The Needs and Feasibility Assessment report has highlighted that the average percentage of the population in Banksia Grove, Carramar and Tapping aged 24 years and under (i.e the potential users) in 2017 is estimated to be 42.1%. The high percentage of potential users of the skate park in Banksia Grove, supplemented by potential users in adjacent suburbs suggests that the amenity will be well used and target the interests of a large demographic cohort for the local area in which it will be situated.

As a result, the report suggests it is reasonable that as well as supporting the needs of the local area surrounding the proposed facility, the skate park will also meet the needs of users at district level.

The proposed skate park is well positioned in Banksia Grove. Access to the facility will be via Grandis Boulevard and Pinjar Road Bus services along Joondalup Drive and Pinjar Road will provide public transport options for skate park visitors. The proximity of the skate park to Joseph Banks Secondary College suggests that the facility will be well utilised after school each day. The college has an enrolment of approximately 1100 students and is growing by approximately 250 students each year. In addition, St John Paul II Catholic Primary School with enrolment of 360, Banksia Grove Primary School with enrolment of 620 and the proposed primary school on the Grandis Park location having an expected enrolment of 430 pupils (date of opening still to be confirmed), will include students who are expected to be regular users of the park. Close access to the Shopping Centre precinct means that skate park visitors have reasonable access to shopping facilities. Opportunities may also exist for the local schools to use the facility as part their curricular activities.

The location of the skate park adjacent to the playing fields and Pinjar Road means that the amenity is highly visible and offers opportunity for positive CPTED (Crime Prevention through Environmental Design) principles to be considered in the design and provision of amenities. The skate park is well separated from adjacent properties with 10 houses and a group housing site on Grandis Boulevard being the closest residents (approximately 100m away).

Demand and Support for the Facility

In addition to the above, it has been noted that the skate park facility is eagerly anticipated by a significant number of residents in Banksia Grove and surrounding suburbs. A community survey commissioned by BGD in June 2014, and completed by 86 residents across a range of age demographics, rated the provision of facilities for children and young people and community meeting places in the top 10 of desired changes that residents would like to see in the suburb. This is supported by anecdotal feedback particularly from young people and families living in the suburb, who indicate that a skate facility will be a very well utilised asset in their local area.

Feedback from residents, community representatives and service organisations, confirms that there is strong demand and identified need that the skate park will address. These are captured within the Needs and Feasibility Assessment and include:

· The high proportion of young people living in the suburb who will use the park.

· The desire for the park to be multi‐generational and used by a range of age groups ‐ youth, young children, parents and children.

· The lack of existing youth oriented amenities in the local area.

· Acknowledgement and preparedness of the BGD and City to partner in delivering the facility and to co‐fund the cost of construction.

· Community expectations arising from the skate park being promoted over a number of years as a facility that would be provided.

· Opportunities associated with collocated facilities and suggestions for the inclusion of additional amenities to encourage broader use such as provision of shade, BBQ facilities, fitness equipment and half-court basketball/multisport facilities.

· The potential and suitability for the area to become a focus for youth activities and a venue for young people to access services.

· The opportunity for key service providers to interact and interface with young people and other cohorts within the community.

· The promotion of social cohesion across the community.

The skate park will provide a meeting place, expand the range of recreational offerings in east Wanneroo and meet the needs and interests of particular demographics for whom available facilities in the local area are limited. Whilst the Banksia Grove project has significantly enhanced the amenities in the suburb, the focus has tended to be toward providing playgrounds and facilities for families and younger children.

Demographic Analysis

From data provided through .idcommunity, the report notes that Banksia Grove currently has a very large cohort of young people under 24 years of age (46.1%). Projected population size for the suburb, using .idcommunity data, identifies that the 10‐24 years age bracket represents 25.5% of the total age demographic and is projected to be of a similar size as the suburb matures i.e. 2023 – 24.4%, 2029 – 24.8%.

Current Facility Provision

The report provides a detailed summary of current facility provision within Banksia Grove and the City. Whilst BMX facilities exist in the local area, the closest skate park facility to Banksia Grove is at the Wanneroo Showgrounds. Other skate parks that users might access are the Clarkson facility (12.4 km), Kingsbridge Park at Butler (14.6 km) or Mirror Park (City of Joondalup) in Ocean Reef (13.2 km).

Banksia Grove has numerous recreational spaces to enable residents to pursue a variety of interests. In the provision of amenities, the estate has also appealed to groups with the largest representation such as young families. As a consequence, the majority of parks are most suitable for young children. As the suburb matures however, children become older and demands change. The audit of recreational facilities demonstrates that purpose built facilities for young people aged over ten years need to be provided and a skate park will be an amenity that addresses this need.

Strategic Alignment

The report notes that the proposed facility is strategically aligned to the future directions of the City as outlined below:

City of Wanneroo Strategic Community Plan 2013/14 – 2022/23

Society

2.2. Healthy and Active People

2.2.2 Create opportunities that encourage people to be active and healthy

2.2.3 Provide physical environments that encourage healthy activity

2.3 Safe Communities

2.3.1 Promote a sense of safety in the community

Benefits Analysis

The report notes that the proposed shared funding model demonstrates to the community a partnership between the key stakeholders responsible for the delivery of community infrastructure in Banksia Grove.

The report notes that the provision of the skate park will provide a return on social investment. It is anticipated that the facility will see a reduction in damage caused by skateboards, scooters and bicycles being used inappropriately at other venues and amenities around the area. Positive outcomes that will be derived from the skate park will be a source of celebration and further promote the area as an attractive place to live with facilities that cater for all demographics in the community.

The proposed skate park will provide a recognised meeting place for young people and provide an interface for service providers to interact in a positive manner with these young people.

Research relating to the benefits of skate parks suggests that well‐designed facilities provide:

· Community ownership of a local resource

· A healthy and exciting challenge

· Exciting, urban integrated landscaping

· A safe and attractive place for young people to gather

· A sport growing in popularity

· A street culture based on respect

· Bringing the community together

Link to Banksia Grove District Open Space Master Plan

The proposal to provide a skate park within Grandis Park has received input for the Department of Education though the Principal of Joseph Banks Secondary College. The provision of a skate park rated very highly in a curriculum activity for Year 7 students who undertake an exercise in the design of a perfect community. A letter of support from the Principal can be found on page 3 of the Appendix in (Attachment 5).

The provision of the proposed skate park at the District Open Space is considered to be consistent with the intent of the original Master Plan and the current and future uses.

Standards of Provision

In respect to Standards of Provision, a skate park facility of this nature is considered to be a district level facility. This is based on the location of the proposed facility (being on a district open space) and also other like facilities which have been previously developed within the City of Wanneroo (i.e Wanneroo Showgrounds and Clarkson Youth Centre).

In respect to population growth within the catchment area, the table below outlines the anticipated growth within the locations of Banksia Grove, Carramar and Tapping. As can be seen, the level of growth over the 10 year period will be significant, with the population threshold meeting the 1:25,000 ratio for District POS (Active) (Northern Coastal Growth Corridor Community Facilities Plan, 2011).

The population of Banksia Grove is expected to increase by 80% by the year 2024 and a 16% rise in population is anticipated for the suburb of Carramar.

Suburb	2014	2024	Difference	%
Banksia Grove	7,462	13,456	+ 5,994	80%
Carramar	7,134	8,339	+ 1,205	16%
Tapping	9,369	9,943	+ 574	6%
Total	23,965	31,738	+7,773	32%

Source – Population Forecast id

In respect to geographical context, (Attachment 6) provides an overview of the proposed location of this facility in respect to other skate parks located within the City of Wanneroo. From this it can be seen that there the distance to alternative facilities and physical barriers (Wanneroo Road and Pinjar Road) are significant. This, coupled with the population within the area of Banksia Grove, Carramar and Tapping, provides a strong degree of support for the delivery of a facility within this locality.

Consultation

Consultation, in line with the City’s Engagement Policy is proposed to be undertaken within the Banksia Grove community and this involves a mail out to residents within a 400 metre radius of the park seeking feedback on the indicative designs. Specific groups such as local schools, Skate Boarding WA and the Banksia Grove Residents Association will receive this information for comment.

Consultation with key stakeholders will also be undertaken to finalise the indicative designs with a further report to Council at its meeting scheduled in June 2017.

Comment

Administration is of the view that the proposal for the development of a skate park at Banksia Grove District Open Space is sound and will be of benefit to the community within Banksia Grove and surrounding areas.

Statutory Compliance

Development Approval

The development associated with this skate park proposal is considered to be public works and exempt from the requirement to obtain development approval under Section 6 of the Planning and Development Act 2005 (the Act). In fulfilling its obligations under this section of the Act, Administration will consult with the Western Australian Planning Commission to confirm this.

Developer Contribution Plan

There is no Development Contribution Plan (DCP) in effect for Banksia Grove that sets out a formal approach to the apportionment of costs between the City and land developers for community infrastructure. As a result, it has not been necessary to assess the proposal against the provisions of State Planning Policy 3.6: Development Contributions for Infrastructure (SPP 3.6) and the City’s District Planning Scheme No. 2 (DPS 2), as is the case for formal DCPs in Alkimos-Eglinton and Yanchep-Two Rocks.

The proposed cost sharing arrangement has therefore been considered on its merits, having consideration to the principles of SPP 3.6 and the needs and demographics of the local area. Furthermore, it is important to note that SPP 3.6 allows for genuinely voluntary agreements for the provision of infrastructure, provided that all parties are willing signatories.

Where development contributions are made under a formal DCP, SPP 3.6 and DPS 2 require development contributions to be based only on the proportion of need for a facility generated by new residential growth. This proportion is always specific to the location of the DCP and the catchment of the proposed facility.

Developers in Alkimos Eglinton are funding 100% of the district facilities in that DCP and in Yanchep Two Rocks approximately 71%. However, given that new growth in Banksia Grove is adjacent to existing communities in Carramar and Tapping, and that the facilities provided in Banksia Grove will cater for latent need in those areas, the proposed 50% cost arrangement is considered to be reasonable and equitable.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“2 Society - Healthy, safe, vibrant and active communities.

2.2 Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The City's Local Planning Policy 4.3 Public Open Spaces was used as the guiding framework for the development of the draft concept plan.

Financial Implications

The funding model for this project is based on the following components:

Funding Year	Funding Contribution	Detail
2017/18	$308,000	Developer Contribution (Banksia Grove Development Pty Ltd)
2017/18	$300,000	City of Wanneroo – Municipal Funds
Total	$608,000
2017/18	$200,000	Lotterywest Grant Application

As previously noted, the City’s contribution is to be capped at a maximum of $300,000 with the total project cost based on the review undertaken in February 2017 estimated at $608,000.

An application to Lotterywest for $200,000 will also form part of the project funding model and will be actioned post Council consideration of this report. Should this application be successful, it is intended that the grant received will be deducted from the City’s and BGD contributions on an equal basis. A successful grant outcome will reduce the City’s contribution to $200,000.

This report will seek to have the project listed for consideration within the 2017/18 Capital Works Budget.

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. ENDORSES the proposed Banksia Grove Skate Park Concept Plan, as per Attachment 4 of this report, for the purposes of community consultation;

2. NOTES the proposed funding model as outlined within the table below, noting that Administration will submit a Lotterywest grant application for the project:

Funding Year	Funding Contribution	Detail
2017/18	$308,000	Developer Contribution (Banksia Grove Development Pty Ltd)
2017/18	$300,000	City of Wanneroo – Municipal Funds
Total	$608,000
2017/18	$200,000	Lotterywest Grant Application

3. NOTES that the project will be listed for consideration within the 2017/18 Capital Works Budget; and

4. NOTES that a further report will be tabled to Council at the conclusion of the community consultation period.

Attachments:

1 ⇩.	Banksia Grove District Open Space - Aerial Layout	17/83913
2 ⇩.	Banksia Grove - DOS - FINAL Concept Plan	16/89241
3 ⇩.	Banksia Grove Skate Park Proposal - Correspondence	16/371705
4 ⇩.	Skate Park Plan Proposal for Banksia Grove	17/46977	Minuted
5 ⇩.	Banksia Grove Skate Park - Needs and Feasibility Assessment - FINAL	17/75142
6 ⇩.	City of Wanneroo Skate Park Locations	17/50380

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 196

Corporate Strategy & Performance

Business & Finance

CS01-04/17 Financial Activity Statement for the Period Ended 28 February 2017

File Ref: 25973 – 17/57824

Responsible Officer: Director Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 5

Issue

To consider the Financial Activity Statement for the period ended 28 February 2017.

Background

In accordance with Local Government Regulations, the Financial Activity Statement has been prepared in compliance with the following:

1. Regulation 34(1) of the Local Government (Financial Management) Regulations 1996, which requires a local government to prepare a statement of financial activity each month, presented according to nature and type, by program, or by business unit. For the 2016/17 financial year the statement of financial activity will be presented by nature and type.

2. Regulation 34(5) of the Local Government (Financial Management) Regulations 1996, which requires a local government to adopt a percentage or value, calculated in accordance with Australian Accounting Standards, to be used in statements of financial activity for reporting material variances. For the 2016/17 financial year 10% and a value greater than $10,000 will be used for the reporting of variances.

Consultation

This document has been prepared in consultation with Responsible Officers for review and analysis.

Comment

The budget figures within this report incorporate approved budget amendments.

As per item 2 in Background, comments on material variances are provided below.

In reference to tables provided in the report, the following colours have been used to categorise three levels of variance:

· Green >+10%,

· Orange <+/-10%, and

· Red >-10%.

Summary

OVERALL SUMMARY OF CURRENT MONTH FINANCIAL FIGURES

Result from Operations

Capital Program

OVERALL COMMENTS ON YEAR-TO-DATE (YTD) FIGURES

Result from Operations

Capital Program Progress

Investment Portfolio Performance

DETAILED ANALYSIS OF STATEMENT OF COMPREHENSIVE INCOME (ATTACHMENT 1)

Comments relating to the Statement of Comprehensive Income are provided under the following two sections:

a) Current month comparison of actuals to budgets, and

b) Year to date and end of year comparison of actuals to budgets.

a) Current Month Comparison of Actuals to Budgets

The below table highlights the operating performance for the current month and identifies variances of actual to budget for each category of Revenue & Expense.

Total Comprehensive Income

The month of February produced a positive variance (+$10.1m) due mainly to lower Town Planning Scheme expenses as a result of Lot 22 East Road POS development having begun however yet to be completed and settled. A meeting has been scheduled next week to confirm timing of practical completion. Estimated costs are $6.7m.

In addition, Cell 5 and 8 land acquisitions are awaiting pending decisions from the Supreme Court. The matter has been heard but we are awaiting the decision to be handed down. Costs are estimated at $3.6m across the Cells pending this outcome. Materials & Contracts have also contributed to the positive variance through lower bulk and domestic waste expenditure, contract expenses and general material expenses. The overall favourable position was somewhat offset by adverse variances caused by Non-Operating Grants budgeted for February receipted in November from Main Roads and the Roads to Recovery grant as well as lower interim rate revenue due to receipting the majority of interim rates in December however still being budgeted to February.

Operating Revenues

The month of February displayed an unfavourable variance for operating revenues (-$514K). This is mainly a result of interim rates having been captured in December, however being budgeted for the December to February period. This was marginally offset by higher grant income through Financial Assistance Grants as well as an Office of State Revenue grant.

Operating Expenses

The favourable variance for February is mainly a result of lower Material & Contracts expenses, which was caused by lower Bulk Rubbish and Domestic Waste Expenses (+$290K), Contract Expenses through lower Road and Parkland Maintenance (+$297K) and General Material Expenses (+$105K).

Other Revenue & Expenses

The month of February produced a positive variance (+$10m) due mainly to lower Town Planning Scheme expenses as a result of Lot 22 East Road POS development having begun however yet to be completed and settled as well as Cell 5 and 8 land acquisitions pending decisions from the Supreme Court. This was offset marginally by lower grants revenue through yet to be recognised project progress works.

TPS revenues presented an unfavourable variance of -$463K. This is a result of no income being recognised in February from lot sales. It is noted that works undertaken are not under the City’s direct control.

Non-operating Grants, Subsidies and Contributions produced an unfavourable variance of $1.1m which were budgeted for February however were receipted in November from Main Roads and the Roads to Recovery grant

b) Year to Date and End of Year Comparison of Actuals to Budgets

Details for the variances are outlined below.

Operating Revenues

Fees and Charges (Actual $11.0m, Revised Budget $11.4m)

· The unfavourable variance to February mainly relates to lower bulk rubbish collection fees (-$151K) as a result of lower Green waste collection activity. It is noted that the variance on rubbish collection has now been greatly reduced as a result of the mid-year review outcomes and as at February the total variance for Fees and Charges is 3%.

Operating Expenses

Materials and Contracts (Actual $30.4m, Revised Budget $37.3m)

· The main contributor for the positive variance pertains to Contract Expenses which produced a YTD variance of (+$2.9m). There is an additional $5.0m in commitments for asset maintenance that will be incurred by June 2017. It is also noted that rating services contract expenses are currently tracking at +$485K under YTD budget due to property valuations not taking place by the Valuer General.

· Refuse removal expenses also produced a positive variance (+$943K) to February which was a result of lower bulk rubbish collection tonnages. It is noted that whilst receipting had been conducted for February, amounts relating to the February invoices were not recognised until the following month due to system processing limitations.

· Consulting fee expenses has a favourable variance of +$1.0m due to various organisational reviews and planning for City Growth consultancy which have yet to take place.

Interest Expenses (Actual $2.8m, Revised Budget $3.1m)

· The positive variance to February is a result of only a portion of the loan being obtained for the Yanchep DCP whilst the interest expense budgeted was for the entire loan.

Insurance Expenses (Actual $955K, Revised Budget $1.1m)

· The positive variance relates to lower public professional insurance premiums than expected.

Other Revenue & Expenses

Non-Operating Grants, Subsidies and Contributions (Actual $9.6m, Revised Budget $11.4m)

· The unfavourable variance to February is attributed to the timing of progress payments for projects which are yet to be realised. These grants are mainly related to Main Roads funding.

Town Planning Scheme (TPS) Revenues (Actual $9.8m, Revised Budget $15.3m)

· The YTD adverse variance is attributed to Lot Sale contributions across various TPS Cells. The Cells with YTD unfavourable variances are Cell 9 (-$2.9m), Cell 4 (-$1.9m), Cell 1 (-$851K), Cell 7 (-$234K) and Cell 6 (-$81K) which are a result of lower lot creations due to current property market conditions.

· It is also noted that the cell 4 (East Road) developers advised they will now be completing the project in stages and is driven by the downturn in the property market.

· Cell 7 has also been postponed under advice from the developer for which no more revenue will likely be realised in this financial year.

· These unfavourable variances were partially offset by Cell 2 (+$1.1m) and Cell 5 (+$56K).

Town Planning Scheme Expenses (Actual $4.8m, Revised Budget $17.6m)

· The main contributor for the positive variance is a result of Lot 22 East Road POS development having begun however yet to be completed and settled. A meeting has been scheduled next week to confirm timing of practical completion. Estimated costs are $6.7m

· The positive YTD variance is also contributed by Cell 5 and 8 land acquisitions which are awaiting pending decisions from the Supreme Court. The matter has been heard but we are awaiting the decision to be handed down. Costs are estimated at $3.6m across the Cells pending this outcome.

Profit / Loss on Asset Disposals (Actual $1.1m, Revised Budget $1.6m)

· The unfavourable variance is a result of lower sale of asset activities than anticipated as well as lower TPRC contributions due to lower lot sales. As the timing of asset disposals cannot be reliably estimated, results to budgets can be subject to variations.

Contributed Assets (Actual $28.6m, Revised Budget $30.0m)

· The year to February recognised a parcel of developer contributed assets totalling $28.6m.

· Historically this category of income is recognised at year end. However through requests to developers relevant interim data has been received and recorded. The budgets have now also been reflected quarterly. It is also noted that after the mid- year review process an additional $10m in contributed assets is anticipated by financial year end.

STATEMENT OF FINANCIAL POSITION (Attachment 2)

Net Current Assets

When compared to the opening position as at 01 July 2016 Net Current Assets have increased by $64.9m which largely reflects the timing of Rates receipts for 2016/17.

Non-Current Assets

Year to date Non-Current Assets have increased by $37.5m from 2015/16 which is attributed mainly to the recognition of contributed physical assets from developers in February as well as capital works in progress.

Current Receivables are largely related to collectable Rates income ($30.4m). Remaining current receivables relates to claimable GST tax offsets ($2.3m) and sundry debtor accounts. Non-Current receivables largely relate to Deferred Pensioner Rebates; being funds that cannot be collected until the Pensioner ceases to reside at the rateable property.

The year to date Work in Progress balance is largely contributed to Pathways, Purchase & Upgrade of Residential Land, Waste Domestic Plant and various Capital Infrastructure Projects.

Non-Current Liabilities

Year to date Non-Current Liabilities have increased by $3.2m which is mostly attributed to the new loan facility for the Yanchep DCP. The existing loan with the Western Australia Treasury Corporation remains unchanged and when combined with the new loan make up 98% of total Non-Current Liabilities.

FINANCIAL PERFORMANCE INDICATORS

The table below presents data on relevant financial ratios, comparing the minimum standard expected as per the Department of Local Government & Communities, status at beginning of the financial year and year to date figures.

An explanation of the purpose of each ratio is also provided, together with commentary where a ratio does not meet the minimum standard (highlighted in Red). A green highlight is used where the minimum standard is met or exceeded.

CAPITAL PROGRAM

The current status of the Capital Program is summarised below by Sub-Program category.

The year to date expenditure relating to Carry Forward Projects has increased by $0.5m from January to $12.7m as at the 28th of February. A review of the actual spend indicates that key projects involved with this underspend include the Vehicle Replacement program for Domestic Waste Management, Enterprise Software Renewal Program and the Construction of Flynn Drive, Neerabup.

Construction of the Yanchep District Amenities Building and the Sports Floodlighting at both Shelvock Park and Lake Joondalup Park have all now commenced, with 20% of the carried forward amounts for these projects being expended in February.

The Mid-Year Review process has led to the return of $1.2m in the remaining carried forward funding being returned for reallocation to other projects, resulting in a decrease from $5.2m to $4m in carried forwards funds yet to be expended

To further expand on the Capital Works Program information above, key capital projects are selected to be specifically reported on, which are itemised in the Top Capital Projects attachment to this report (Attachment 3).

INVESTMENT PORTFOLIO (Attachment 4)

In accordance with the Local Government (Financial Management) Regulations 1996 (and per the City’s Investment Policy), the City only invests in the following highly secured investments in Australian currency:

1. Deposits with authorised deposit taking institutions and the Western Australian Treasury Corporation for a term not exceeding 12 months;

2. Bonds that are guaranteed by the Commonwealth Government or a State or Territory for a term not exceeding three years.

As at the current month end, the City holds an investment portfolio (cash & cash equivalents) of $360.0m (Face Value), equating to $363.9m inclusive of accrued interest. YTD the City’s investment portfolio return has exceeded the Bank Bill index benchmark by 0.78% pa (2.76% pa vs. 1.98% pa), however it is noted that Interest Earnings were budgeted at a 3.00% yield.

RATE SETTING STATEMENT (Attachment 5)

The Rate Setting Statement represents a composite view of the finances of the City, identifying the movement in the Surplus/(Deficit) based on the Revenues (excluding Rates), Expenses, Capital Works and Funding Movements, resulting in the Rating Income required. It is noted that the closing Surplus/(Deficit) will balance to the reconciliation of Net Current Assets Surplus/(Deficit) Carried Forward (detailed below).

Statutory Compliance

This monthly financial report complies with Section 6.4 of the Local Government Act 1995 and Regulations 33A and 34 of the Local Government (Financial Management) Regulations 1996.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“4 Civic Leadership - Working with others to ensure the best use of our resources.

4.3 A Strong and Progressive Organisation - You will recognise the hard work and professionalism delivered by your council through your interactions and how our community is developing.”

Risk Management Considerations

Risk Title	Risk Rating
Financial Management	Moderate
Accountability	Action Planning Option
Executive Management Team	Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s corporate risk register. Action plans have been developed to manage this risk to improve the existing management systems.

Policy Implications

· Accounting Policy

· Strategic Budget Policy

· Investment Policy

Financial Implications

As outlined above and detailed in Attachments 1 - 5.

Voting Requirements

Simple Majority

Recommendation

That Council RECEIVES the Financial Activity Statements and commentaries on variances to YTD Budget for the period ended 28 February 2017, consisting of:

1. 2016/17 Annual Adopted and Revised Budget;

2. February 2017 YTD Revised Budgets;

3. February 2017 YTD Actuals;

4. February 2017 Statement of Financial Position and Net Current Assets; and

5. February 2017 YTD Material Financial Variance Notes.

Attachments:

1 ⇩.	February Income Statement	17/81014
2 ⇩.	February Balance Sheet	17/81016
3 ⇩.	Top Projects 2016-17 - February 2017 - 20170313	16/151914[v12]
4 ⇩.	February Inv	17/81020
5 ⇩.	February RSS	17/81017

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 220

Transactional Finance

CS02-04/17 Review of the Accounting Policy

File Ref: 5115 – 17/81877

Responsible Officer: Director Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 1

Issue

To review the City’s Accounting Policy (the Policy).

Background

The Policy was first adopted by Council in 1999, with the formation of the City of Wanneroo. There have been subsequent revisions, with the last of which being adopted by Council in September 2015. The Policy includes the significant accounting policies, which are required to be administrated and thoroughly monitored for compliance and accountability. It is to be noted that the significant accounting policies will be incorporated as Notes to both the Annual Financial Statements and Annual Budget which will be made available to the public once adopted.

Detail

The purpose of the Accounting Policy is to provide a framework to ensure all City accounts are reported to Council with consistent application of the Australian Accounting Standards and in compliance with statutory requirements under the Local Government Act 1995 (the Act) and Local Government (Financial Management) Regulations 1996 (the Regulations).

The Policy contains a set of specific policies known as “Summary of Significant Accounting Policies” to be applied in the preparation of the City’s 2016/2017 Annual Financial Statements. These include any methods, measurement systems and procedures for presenting disclosures as required by the Australian Accounting Standards (AAS or AASB). AASB 101 Presentation of Financial Statements requires the City to use the summary of significant accounting policies to disclose how the City prepared its annual financial statements in order to assist users in making informed decisions.

Consultation

The City's external Auditors, Grant Thornton, provided support as the majority of this Accounting Policy formed the majority part of Note 1 of the City's Annual Financial Statements for 2015/2016.

Comment

The following extract from the Audit and Risk Committee Terms of Reference is related to the Committee’s role in the review of the Policy:

"To review the report prepared by the CEO on any actions taken in respect of any matters raised in the report of the auditor and presenting the report to Council for adoption prior to the end of the next financial year or six months after the last report prepared by the auditor is received, whichever is the latest in time.

To review the local government’s draft annual financial report, focusing on:

· accounting policies and practices;

· changes to accounting policies and practices;

· the process used in making significant accounting estimates;

· significant adjustments to the financial report (if any) arising from the audit process;

· compliance with accounting standards and other reporting requirements; and

· significant variances from prior years.

To consider and recommend adoption of the annual financial report to Council, and to review any significant changes that may arise subsequent to any such recommendation but before the annual financial report is signed."

This report was presented to the Audit and Risk Committee on 14 March 2017 for consideration and has been endorsed for reporting to Council. The proposed revised Accounting Policy can be found in Attachment 1.

Statutory Compliance

The Policy complies with the City accounting requirements as detailed in:

· Local Government Act 1995;

· Local Government (Financial Management) Regulations 1996; and

· Australian Accounting Standards Board (AASB) Standards.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“4 Civic Leadership - Working with others to ensure the best use of our resources.

4.3 A Strong and Progressive Organisation - You will recognise the hard work and professionalism delivered by your council through your interactions and how our community is developing.”

Risk Management Considerations

Risk Title	Risk Rating
CO-017 Financial Management	Low
Accountability	Action Planning Option
Executive Management Team	Manage

The above risk relating to the issue contained within this report has been identified and considered within the City’s Corporate risk register. Action plans have been developed to manage this risk to support existing management systems.

Policy Implications

If adopted by Council, the revised Policy will form the major part of Note 1 of the City Annual Financial Report and will supersede the current Accounting Policy.

Financial Implications

Adoption of the Policy will ensure consistent application of accounting principles and treatments to aid comparative analysis for decision making.

Voting Requirements

Simple Majority

Recommendation

That Council on the recommendation of the Audit and Risk Committee ADOPTS the proposed revised Accounting Policy as shown in Attachment 1.

Attachments:

1 ⇩.

Proposed Revised Accounting Policy (Clean Copy As At cob 14 March 2017)

17/34812

Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 235

Property Services

CS03-04/17 Proposed Commercial Lease of a Portion of Lot 9740, Brazier Road, Yanchep (Yanchep Lagoon Cafe)

File Ref: 4229 – 17/90732

Responsible Officer: Director Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: 1

Previous Items: CR01-09/16 - Ordinary Council - 13 Sep 2016 7.00pm

3.2 - Yanchep Lagoon Cafe - Portion of Lot 9740, Brazier Road, Yanchep - Forum - 20 Mar 2017 6.00 pm

Issue

To consider the proposed commercial lease of a 320m² (approximate) portion of Crown Reserve 43792, Lot 9740, Brazier Road, Yanchep (known as “Yanchep Lagoon Café”) (the Premises) to Bernardo Alalid as Trustee for the Alalid Family Trust trading as “Orion Café, Yanchep Lagoon” for a term of one (1) year with four additional one (1) year option renewal terms.

Background

Land

The Premises is located at Crown Reserve 43792, Lot 9740 on Deposited Plan 182685, (10) Brazier Road, Yanchep, being the whole of the land comprised in Certificate of Title LR3047 Folio 837 (Lot 9740) (Attachment 1 refers).

Lot 9740 comprises an area of 527m²and is a category “C” reserve vested in the City for “Recreation” purposes under a Management Order with power to lease for a term not exceeding twenty-one (21) years, subject to the consent of the Minister for Lands.

Lot 9740 is zoned “Parks and Recreation” under the Metropolitan Region Scheme and “Regional Parks and Recreation” in the City of Wanneroo District Planning Scheme No.2.

A 320m²(approximate) portion of Lot 9740 is utilised as a café/kiosk (also stocking ancillary beach, curio and local produce supplies). The lease area is relatively small as the remaining 207m² (approximate) portion of Lot 9740 comprises male and female public toilets and change rooms. These ablutions, whilst outside the leased area and maintained by the City, are utilised by the Premises’ patrons.

Building Condition Assessment

The Premises was constructed circa late 1960s/early 1970s and is of brick/iron construction. The main roof was replaced circa late 1980s/early 1990s and consists of a hipped colorbond custom orb roof.

Administration appointed JDI Projects (JDI) to undertake a building condition assessment report on the Premises on 24 February 2016. JDI’s report on 11 March 2016 determined that the estimated remaining life of the Premises is twenty (20) years.

Expressions of Interest

Administration commenced an Expression of Interest (EOI) process in April 2016 to identify the most suitable candidate to lease the Premises prior to the expiration of the previous long-term tenancy arrangements (Head Lease and Sublease, expired 30 September 2016). It was envisaged that a competent lessee would be appointed (subject to Council and Ministerial approval) to re-fit (at the lessee’s cost), modernise and operate the existing Premises as a café/kiosk from 1 October 2016.

The EOI process was a two stage undertaking with a total of eleven (11) formal submissions were received.

A report detailing Administration’s preferred candidate was presented to Council at its Ordinary Council Meeting of 13 September 2016 (CR01-09/16). Council resolved the following:

“That Council:-

1. REJECTS all submissions received under the Expression of Interest process for a commercial Lease of a portion of Lot 9740 Brazier Road, Yanchep (Yanchep Lagoon Café);

2. AUTHORISES the Chief Executive Officer to investigate securing:

a) a temporary vendor (or vendors) to operate a portion of Lot 9740 Brazier Road, Yanchep (Yanchep Lagoon Café) for a term or terms not exceeding six (6) months in each case; and/or

b) food vans (or similar service providers) to operate in the locality of Brazier Road, Yanchep;

3. DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the authority to advertise for interested parties, negotiate commercial terms, execute all documents and comply with all applicable legislation as is required to effect items 2a) and 2b);

4. ENDORSES the City conducting a strategic review into the use of Lot 9740 Brazier Road, Yanchep, including (but not limited to) the retention of the existing building and the potential to redevelop the site and REPORT to Council for the mid-year budget review;..”

The EOI process allowed the City the right to reject all and any EOI submissions at its absolute discretion.

Previous Tenancy Agreements

As a result of the business type historically undertaken at the Premises, the Cafe tenancy is classified as a “Retail Shop” under the Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA) (CTA).

The previous long term tenancy agreements between the City, Minister for Lands and the previous tenant (Previous Operator) expired 30 September 2016.

Remedial Works Undertaken

Following vacant possession of the Premises, Administration arranged for remedial maintenance works to be undertaken.

Food Vans

Further to Council Resolution 2 (CR01-09/16), the expiration of the Previous Operators tenancy agreement and the subsequent closure of the Premises, Administration arranged for two coffee vans to operate from nearby Fisherman’s Hollow on a temporary basis.

Both Licences have now been terminated following the appointment of the short term tenant and the reopening of the Premises.

Short Term Lease

Further to Council Resolution 2 (CR01-09/16), Administration commenced investigating short term tenancy options for a term or terms not exceeding six (6) months. Resolution 3 granted the Chief Executive Officer delegated authority to investigate and secure a new tenant at the Premises.

Administration recommended that the Chief Executive Officer (CEO) grant a short term six (6) month lease to Bernardo Alalid, as trustee for the Alalid Family Trust. This request was authorised by the CEO. Bernardo Alalid’s submission addressed all aspects of the selection criteria comprehensively and professionally. Subsequent reference checks were satisfactory.

Bernardo Alalid (who is also the owner-operator of “Orion Café” (Orion) at Westfield Whitford City (Westfield)) was subsequently appointed on a short term six (6) month lease of the Premises that commenced 9 November 2016 and will expire 8 May 2017.

Public Notices detailing the proposed short term lease and inviting public submissions were advertised in both the Wanneroo Times and North Coast Times and listed on the City’s website. Public submissions closed 4.30pm, 24 October 2016.

One submission was received from the Previous Operator objecting to the proposed lease to Orion. The CEO authorised Administration’s recommendation to continue with a short term lease with Orion.

Commercial Tenancy (Retail Shops) Agreements Act 1985 (WA)

Orion is currently operating under the CTA. Orion was appointed for a six (6) month term and will be required to vacate the Premises on 8 May 2017.

The CTA prohibits the extension of the existing six (6) month term to Orion for a further six (6) month period. Only a five (5) year term is able to be offered to Orion (no termination clause as per CTA legislation).

Strategic Review

Further to Council Resolution 4 (CR01-09/16), Administration has undertaken initial research regarding current and future initiatives for the Premises and for the wider Yanchep Lagoon Precinct (YLP). Administration is in the process of investigating potential land swaps of Class C and Class A Reserves within the YLP and is currently in negotiations with the Department of Lands (DOL) over feasibility. Further to this work, Administration invited submissions for consultancy services via a Request for Quotation process (RFQ).

The purpose of the RFQ is to assist the City to plan and implement infrastructure and facility development to meet the needs of the growing local Yanchep community. A consultant has now been appointed and will compile a comprehensive report and associated recommendations to enable the City to better understand the needs and development potential of the Premises as well as the overall YLP. The consultant’s report will comprise a place evaluation, vibrancy assessment and a destination development plan for the YLP.

It should be noted that the Strategic Review of the YLP will focus on the new single storey surf lifesaving facility (New Surf Club) building (including a potential second storey for commercial use), the refurbishment/expansion or demolition of the old surf club, as well as considering the future of the existing Yanchep Lagoon Cafe Premises, and the review of all surrounding properties within the YLP (all subject to relevant statutory applications, permits and approvals). Once the consultant’s report is finalised (anticipated May/June 2017) a further report discussing the consultant’s recommendations in detail will be presented to Council for comment/adoption.

Current Works on Brazier Road

The New Surf Cub is being constructed by a City contractor on land situated to the north of the Premises in Reserve 12439 (Crown land vested in the City). The New Surf Club is scheduled to be completed by December 2017. It does not incorporate any facilities for the retail sale of food and drink (such as via a café or kiosk), but there is potential that a future second storey addition / upgrade of the New Surf Club could be designed to include such operations.

Detail

The Premises at the expiration of the previous long term tenancy agreements were dated and tired, but had provided a service to the public and tourists through its prime location and current lack of competition. Orion’s fit out and change of image, in conjunction with the City’s remedial maintenance works has improved the Premises potential to increase patronage and provide a quality service.

Whilst Administration and Orion have improved the condition of the Premises in the short term, there are continued concerns over:

· the lack of a cool room condenser (removed by the Previous Operator);

· the requirement to replace the existing cool room evaporator that is in poor condition with a new evaporator;

· the need to replace the internal 20mm internal copper pipe work with 25mm copper piping to supply enough gas to the existing appliances;

· the location of the existing gas isolation valve is potentially unsafe and is required to be relocated to a safer, accessible area; and

· the current lack of ventilation in the kitchen area that will either require the installation of louvered windows in the kitchen to increase ventilation or alternatively the installation of a gas and air conditioning interlock mechanism whereby the gas cannot be used unless the air conditioning unit is operating.

Orion (as an interim 6 month tenant) previously has not had security of tenure to warrant undertaking the above works but will be required to address these issues under a new lease.

The existing six (6) month lease to Orion is scheduled to expire 8 May 2017 with no holdover provisions.

Under the terms of the City’s Leasing Policy approved by Council, Orion is categorised as a “commercial” entity, being a non-exempt disposition under the CTA. In accordance with the Leasing Policy, any future rent would be negotiated at market rate.

A market valuation report has previously been provided to the City by a licenced valuer (Valuer) on 4 March 2016 that concluded that the market rent at that time was $20,000 (plus GST) per annum plus outgoings. Further to discussions with the valuer on 22 March 2017, the valuer advised Administration that a further market valuation is required. At this stage, the valuer has advised Administration that it does not expect there to be much evidence that would indicate a significant change in market rent.

The kiosk provides important amenity to near-by residents and tourists and therefore there is the need to retain this service and ensure that the tenant has a level of security of tenure to encourage further investment. Given the strategic review of the precinct though, it is equally important that the City retains a greater level of control over the term of tenancy to ensure it is able to act in a timely basis on recommendations that may arise from this review.

Subject to Council and Ministerial approval and the requirements of the CTA being satisfied, Administration proposes to enter into a “private treaty” one (1) year lease arrangement with Orion with the option of four additional one (1) year terms. Relevant clauses associated with the Strategic Review timeline will be inserted into any potential new lease with Orion so that the project is not impeded by the lease term such as relocation clauses and those relating to potential disruption to business from neighbouring works.

Accordingly, the following essential terms are proposed for the commercial lease should Council and the Minister for Lands approve the terms:

Leased Premises:	Exclusive use of the Yanchep Lagoon Cafe being an area of approximately 320m² (Attachment 1 refers) to Bernardo Alalid (as Trustee for the Alalid Family Trust) trading as “Orion Café, Yanchep Lagoon” (the Lessee)
Permitted Purpose:	Café/Kiosk and ancillary purposes
Lease Term:	One (1) year with an option for a further four additional one (1) year terms (1)+(1)+(1)+(1)+(1)
Lease Commencement Date:	9 May 2017
Rent Commencement Date:	9 May 2017
Lease Rental:	Market Rate: To be determined by a licensed valuer. Estimate: $20,000 per annum (plus GST) (approximate). Turnover rent at 1% above gross sales turnover of $590,000
CPI/Rent Reviews:	Annual increase in accordance with CPI.
Outgoings:	Lessee responsibility – including (but not limited to) utility connections/outgoings for water, electricity and gas consumption and telephone/broadband use, connection and consumption
Rates & Taxes:	Lessee responsibility for Commercial Council rates and Emergency Services Levy and any other rates, taxes, assessments and impositions
HVAC/Mechanical Services:	Lessee responsibility
Building Insurance:	Lessor responsible to implement (Lessor to on charge insurance premium to the Lessee)
Public Liability Insurance:	Lessee responsibility - $20 million (minimum)
Other Insurances:	Including (but not limited to) Plate Glass, Workers Compensation, Breakdown Insurance and Property Damage Cover
Cleaning:	Lessee responsibility (including the non-leased bin store structure identified in Attachment 1)
Beach & Local Produce Area:	Lessee responsible to designate a small area of the tenancy for ancillary beach equipment and local produce items
Lessee Services:	Lessee responsible for the provision of any special requirements
Compliance:	Lessee responsibility
Existing Fixtures, Fitting and Appliances:	Lessee responsibility. The Premises will be leased by the lessor to the Lessee on an “as is” basis
Required Refurbishment Works:	Lessee responsibility (at its cost): External: · Remove or replace shade cloth to covered al-fresco. Internal: · paint cool room floor; · install cool room condenser; · install cool room evaporator; · install new range hood and associated splashback (if required by legislation); · relocate existing gas isolation valve to a safer, accessible location - City to organise works and on-charge lessee; · install louvered windows to increase ventilation or alternatively, install a gas and air conditioning interlock mechanism whereby the gas cannot be used unless the air conditioning unit is operating - City to organise works and on-charge lessee; · install any other required ventilation equipment (if required by legislation); · replace 10m run of 20mm internal copper pipe work with 25mm copper piping to meet current appliances on-site mega joule rating – City to organise works and on-charge lessee; and · provide relevant certificates of compliance. The above works are to be completed eight (8) weeks from the lease Commencement Date. Failure to perform the works will provide scope for the City to terminate the lease. The Lessee will also be responsible for any additional fit out works at the Premises that will be required to adhere to (but not limited to) building and gas compliance and Australian Standard regulations
Fit Out Works:	Lessee responsibility – Works obligations will include submission to the City of required Development Approval and Building Licence applications and associated fees. Failure to complete the fit out works will be a breach of the Lessee’s obligations
Signage:	Lessee responsibility – Signage application, plans and associated fees to be submitted to the City
Food Act and Health Services Assessment:	Lessee responsibility to notify and register with the City the relevant forms and associated fees
Maintenance:	Lessee responsibility. Failure to maintain the Premises is a breach of the lease.
Structural Maintenance:	Lessor responsibility, save for any structural works arising from the lessee’s renovations and fit out (which will be the Lessee’s responsibility)
Bank Guarantee:	The Lessee is to provide a bank guarantee or security bond of $5,000
Quiet Enjoyment:	The Lessor cannot guarantee against interruptions to Quiet Enjoyment. It has the care, control and management of Lot 9740 along with other roads, reserves and road reserves in the vicinity of the Premises that may require essential works to be undertaken from time to time that may impact on the Lessee’s business. Restrictions (not limited to): · disruption to utilities; · pedestrian movement and access; · vehicle movement, damage, access and parking; · vibration and noise levels; · dust and dirt; and · varying timeframes of works. As a result, City or its agents and contractor works will not be considered as having breached the Lessee’s “quiet enjoyment” of the Premises.
Special Conditions	· Relocation of the Café (if required) under Section 14A of the CTA. (Note that this would involve the City providing the Lessee with a minimum six months’ notice and the potential for the City to pay reasonable costs of relocation)

It should be noted that no break clause can be inserted into the lease in accordance with the CTA. However a lease can be terminated if mutually agreed by all parties.

Under the CTA, Orion has the right to trade during whatever time Orion wishes. The City cannot compel Orion to open at specific days and times.

It is proposed that, subject to Council and Ministerial approval to the indicative lease terms, formal commercial lease documentation will be prepared to reflect those terms and to comply with the disclosure requirements of the CTA.

Consultation

Section 18 of the Land Administration Act 1997 requires the City to obtain Ministerial endorsement to the proposed lease from the DOL on behalf of the Minister for Lands. Once the lease has been prepared and is accepted by Orion, Administration will forward the document to the DOL for its consideration and endorsement.

It is proposed that, subject to Council approval to the proposed lease, formal commercial lease documentation will be prepared by a solicitor and will include the disclosure requirements of the Commercial Tenancy (Retail Shops) Agreements Act 1995.

Comment

There is no guarantee of finding a new short term tenant who would be willing to operate in the traditionally quieter autumn / winter trading period and undertake the full cost of fit out and Required Refurbishment Works.

The proposed new lease of the Premises to Orion (Bernardo Alalid) is supported in the manner outlined in this report. The proposed lease conditions will protect the City’s interest in the Premises.

It is anticipated that the City would likely receive objections from the public to the closure of the Premises and the Orion business model itself, which appears to have been generally well received by the public and media to-date and is now a known quantity to the City.

The lease will remove any scope for claims relating to other works conducted by the City in the vicinity of the Premises (e.g. completion of the New Surf Club), as it is appropriate for the City to conduct works as the managing authority of the locality (including managing the adjoining road reserve).

Administration is also investigating improving the non-leased toilets and change room portion of the building. The existing toilet and change room cleaning schedule will be monitored and reviewed accordingly.

Inviting Submissions

Should Council agree to the proposed lease, given it is not an “exempt disposition”, it will be necessary to publish a local notice of the proposal inviting public submissions. Subject to no submissions being received from the advertising process, formal consent to the lease as outlined in this report is sought from Council.

Should any submissions be received, Administration recommends that no further report is presented to Council due to timeframe considerations and the expiration of the existing short term lease on 8 May 2017. Administration recommends that the CEO be granted delegation to consider and reject any submissions, negotiate private treaty commercial lease terms and effect any documentation relating to it to enable a timely and expedient resolution. Public expectation is for the Café to remain open to provide a service and the Premises closing again (even for a limited period) is not recommended.

It should be noted that Administration advised all EOI applicants in writing on 20 September 2016 that all EOI submissions had been rejected. Administration gave no commitment to EOI applicants that the City would go back to market in the future or at the expiration of any appointed short term six (6) month lease operator.

Statutory Compliance

The public notice advertisement will comply with the requirements of Section 3.58 of the Local Government Act 1995 with respect to the proposed disposition.

In addition, the proposed lease tenure complies with the requirement of the CTA whereby a minimum tenure term of five (5) years (including options) is required along with the provision of a Disclosure Statement.

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“3 Economy - Progressive, connected communities that enable economic growth and employment.

3.2 Growing Business - Our community is a preferred place for business to locate and grow.”

Risk Management Considerations

Risk Title	Risk Rating
ST-S12 Economic Growth	Moderate
Accountability	Action Planning Option
CEO	Manage

Risk Title	Risk Rating
CO-O01 Relationship Management	Moderate
Accountability	Action Planning Option
Executive Leadership Team	Manage

Risk Title	Risk Rating
CO-O04 Asset Management	Moderate
Accountability	Action Planning Option
Executive Leadership Team	Manage

Risk Title	Risk Rating
CO-O20 Productive Communities	Moderate
Accountability	Action Planning Option
Director Community & Place	Manage

The above risks relating to the issue contained within this report has been identified and considered within the City’s Strategic and Corporate risk registers. Action plans have been developed to manage this risk to improve the existing management systems.

There is also a reputational risk related to public expectations that Orion will improve the operation of the Premises. This risk will be managed by the lease and the obligations imposed on Orion to conduct its fit out and improvements. Orion proposes to continue to improve the appearance of the Premises and install required mechanical infrastructure, and the lease will ensure that Orion completes those works.

As a further consideration, Orion’s future capital investment in the fit out and mechanical infrastructure should encourage Orion to maintain a successful business, with customer service to be a significant element of business performance.

Policy Implications

The proposed lease will be negotiated in accordance with the commercial guidelines as outlined in the City's Leasing Policy under private treaty negotiations.

Financial Implications

· It is anticipated (subject to receipt of a new commercial market rent valuation) that the proposed commercial lease will generate an annual income stream to the City in the region of $20,000 (plus GST) (approximate) per annum plus turnover rent at 1% above gross sales turnover of $590,000. Annual CPI increases will apply throughout the term and option period (should Orion elect to exercise the options);

· Commercial valuation to ascertain the current market rent - $1,800 (plus GST) cost to the City;

· Public Notice in the Wanneroo Times and North Coast Times - $1,000 (plus GST) (approximate) cost to the City;

· All fit out works and infrastructure upgrades to be at cost of the tenant and detailed in the lease;

· Full cost of required ventilation, gas, extraction and cool room modification works are to be at the cost of the tenant and detailed in the lease; and

· Whilst it is anticipated that the commercial lease can be prepared in-house, should timeframes and work constraints delay preparation given the limited timeframe until the expiration of the existing short term lease, a commercial lease can be prepared by one of the City’s external solicitors - $2,000 (plus GST) (approximate) cost to the City. Note that changes to the CTA in 2013 prohibit lessors from claiming legal expenses relating to the preparation, negotiation or execution of leases and associated documentation.

Voting Requirements

Absolute Majority

Recommendation

That Council:-

1. APPROVES, in principle, a commercial lease of the Yanchep Lagoon Café, being an approximate 320m²portion of Reserve 43792, Lot 9740 (10) Brazier Road, Yanchep (Attachment 1 refers) to be formalised pursuant to private treaty lease negotiations with Bernardo Alalid (as trustee for the Alalid Family Trust) trading as “Orion Café, Yanchep Lagoon”, for a term of one (1) year together with four (4) additional option terms of one (1) year (the Lease), subject to the requirements of the Commercial Tenancy (Retail Shops) Act 1985 (WA) and the approval of the Minister for Lands;

2. AUTHORISES the publication of a local public notice of the intention to enter into the Lease in accordance with Section 3.58 of the Local Government Act 1995 (WA);

3. DELEGATES BY ABSOLUTE MAJORITY to the Chief Executive Officer the AUTHORITY to:

(a) negotiate commercial terms, execute all documentation, consider and reject any submissions and comply with all applicable legislation as is required to effect items 1) and 2); and/or

(b) appoint any operator at Reserve 43792, Lot 9740 (10) Brazier Road, Yanchep via private treaty negotiations or via Expressions of Interest for a term of one (1) year together with four (4) additional option terms of one (1) year (the Lease);

4. AUTHORISES the affixing of the Common Seal of the City of Wanneroo to the Lease in accordance with the City's Execution of Documents Policy; and

5. NOTES that Administration will commence investigations regarding improving the male and female public toilets and change room facility that are contained outside of the leased area but used by Café patrons and maintained by the City.

Attachments:

1 ⇩.

Attachment 1 - Lease Area and Bin Store

16/223376

Minuted

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 246

Council & Corporate Support

CS04-04/17 Donations to be Considered by Council - April 2017

File Ref: 2855V02 – 17/84566

Responsible Officer: Director Corporate Strategy and Performance

Disclosure of Interest: Nil

Attachments: Nil

Issue

To consider requests for sponsorships, donations and waiver of fees in accordance with the City’s Donations, Sponsorships and Waiver of Fees and Charges Policy (Policy).

Background

The Policy requires applications over $500 from individuals and organisations to be determined by Council. Consequently a report is prepared for Council meetings, coinciding with a period where applications of this nature have been received.

With respect to requests for sponsorships, the Policy specifies that for National Events the amount provided will be $200.00 per individual, capped at $600.00 per team, and for International Events the amount provided is $500.00 per individual capped at $1,500.00 per team. Schools are capped at $2,000.00 per school per financial year.

Detail

During this period, the City has received one sponsorship request, one community donation request and one request for a waiver of fees and charges, which are summarised as follows.

Comment

Sponsorship Donations

Applicant 1 – Keady Upton School of Irish Dancing
Name of Individual/s	Caoimhe McAleer and Jade Ryan
Reside in City of Wanneroo 18years of age or under	Yes Yes
Event Details	World Irish Dancing Championships, Dublin Ireland 9 – 16 April 2017
Commitment to providing a written report regarding the event	Yes
Commitment to acknowledgement of the City of Wanneroo	Yes
Eligibility Level	International ($500 each)
Comments	As per policy $500 per individual (capped at $1,500 per team).
Recommendation	APPROVE a request for sponsorship in the sum of $1,000.00 to Keady Upton School of Irish Dancing for the participation of Caoimhe McAleer and Jade Ryan in the World Irish Dancing Championships to be held in Dublin, Ireland from 9 – 16 April 2017.
Reason	This request is in accordance with Council’s policy.

Community Group Donations

Applicant 2 – Ashdale Special Families Inc
Requested amount	$930.00 (consisting of $630 for Manual and Workbooks and $300 for training)
Description of request	To provide training in the Sibworks Program to 3 members of the group and to provide the Manual and Workbooks for 60 participants.
Criteria	Evaluation
Potential for income generation	Nil
Status of applicant organisation	Registered Charity
Exclusivity of the event or project	For siblings of children with special needs
Alignment with Council’s existing philosophies, values and strategic direction	2.2 Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.”
Alternative funding sources available or accessed by the organisation	Nil
Contribution to the event or activity made by the applicant or organisation	Nil
Previous funding assistance provided to the organisation by the City	Nil - although there is a pending request from the organisation in the Community Funding Program to hold an event.
Commitment to acknowledge the City of Wanneroo	Yes
Comments	It is not the Policy’s intention to pay for training for individuals however the Policy does support a donation to cover costs for the Manual and workbooks component of this application. The Policy also states that only one application per financial year can be supported and, whilst not yet determined, this group currently have another application in the Community Funding round to hold a proposed event.
Recommendation	APPROVE a donation to Ashdale Special Families Inc. in the sum of $630.00 for the purchase of the Manual and 60 Workbooks for participants in the Sibworks Program and NOT APPROVE a donation in the sum of $300 for training of 3 members of Ashdale Special Families Inc in the Sibworks Program.
Reason	This request does not completely satisfy the criteria of the Policy and therefore Administration is recommending approval for the component of this application that the Policy supports.

Applicant 3 – Narcotics Anonymous
Request amount	$2,231.70
Description of request	Request for 100% waiver of fees in the sum of $2,231.70 for hire of the Jenolan Community Centre from March to December 2017 to provide a weekly support group for recovering addicts.
Criteria	Evaluation
Potential for income generation	Gold coin donation
Status of applicant organisation	Not for profit
Exclusivity of the event or project	Open to all
Alignment with Council’s existing philosophies, values and strategic direction	Objective 2.2 – Healthy and active people – we get active in our local area and we have many opportunities to experience a healthy lifestyle.
Alternative funding sources available or accessed by the organisation	Nil
Contribution to the event or activity made by the applicant or organisation	Nil
Previous funding assistance provided to the organisation by the City	CS12-03/15 $940.50 (100% waiver supported by Council) CS08-04/16 $2,193.00 (100% waiver supported by Council)
Commitment to acknowledge the City of Wanneroo	Yes
Comments	Item 4.3 of the Policy states that “only 50% of the amount charged for a waiver of fees will be considered…” Whilst this group has requested a 100% waiver which results in a recommendation to Not Approve in accordance with Council’s Policy, Elected Members have supported this group in the past and may wish to consider a 50% waiver for which they are eligible in accordance with Council’s policy.
Recommendation	NOT APPROVE a 100% waiver of fees in the sum of $2,231.70 to Narcotics Anonymous for hire of the Jenolan Community Centre from March to December 2017 to provide a weekly support group for recovering addicts.
Reason	This request does not comply with Council's policy.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“2 Society - Healthy, safe, vibrant and active communities.

2.2 Healthy and Active People - We get active in our local area and we have many opportunities to experience a healthy lifestyle.”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

The Policy states that sponsorship applications for attendance at National Events will be capped at $600.00 per team (up to four teams) and Regional or State capped at $600 per club. International events will be capped at $1,500.00 per team and schools capped at $2,000.00 per school per financial year.

Financial Implications

Budget 2016/2017 Additional amount approved by Council - CS08-03/17		$90 000.00 $20 000.00 $110 000.00
Amount expended to date (as at 17.03.17)		$88,184.04
Balance		$21,815.96
Total of requests for this round: Donations (in this report): Total this Round (recommended)	$4,161.70	$1,630.00
BALANCE		$20,185.96

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. APPROVE a request for sponsorship in the sum of $1,000.00 to Keady Upton School of Irish Dancing for the participation of Caoimhe McAleer and Jade Ryan in the World Irish Dancing Championships to be held in Dublin, Ireland from 9 – 16 April 2017;

2. APPROVE a donation to Ashdale Special Families Inc. in the sum of $630.00 for the purchase of the Manual and 60 Workbooks for participants in the Sibworks Program and NOT APPROVE a donation in the sum of $300 for training of 3 members of Ashdale Special Families Inc in the Sibworks Program; and

3. NOT APPROVE a 100% waiver of fees in the sum of $2,231.70 to Narcotics Anonymous for hire of the Jenolan Community Centre from March to December 2017 to provide a weekly support group for recovering addicts.

Attachments: Nil

CITY OF WANNEROO Agenda OF Ordinary Council Meeting 04 April, 2017 254

Chief Executive Office

Item 9 Motions on Notice

MN01-04/17 Cr Dianne Guise – Information and Communication Technology

File Ref: 5336 – 17/101523

Author: Cr Dianne Guise

Action Officer: Chief Executive Officer

Disclosure of Interest: Nil

Attachments: Nil

Issue

City of Wanneroo residents experience ongoing issues with phone and internet services.

Background

A recent article in the Wanneroo Times edition of Tuesday, 14^th March 2017, highlighted the problems being experienced by Mariginiup residents due to ongoing issues with phone and internet services. These issues are not unique to Mariginiup residents and similar connection and service complaints need to be addressed within the City of Wanneroo.

Detail

We are constantly hearing from other residents throughout the City that internet services are less than satisfactory and with an increasing number of people wishing to work from home and with the need for students to be able to study after hours online, this problem needs to be addressed.

The City is going to need a fast and reliable Information and Communication Technology (ICT) system for the Neerabup Industrial Area, if we are to successfully encourage companies to locate their business in our region.

Statutory Compliance

Nil

Strategic Implications

The proposal aligns with the following objective within the Strategic Community Plan 2013 – 2023:

“3 Economy - Progressive, connected communities that enable economic growth and employment.

3.4 Smart Communities - Our community and businesses have access to the right information, education and technology they need to be successful.”

Risk Management Considerations

There are no existing Strategic or Corporate risks within the City's existing risk registers which relate to the issues contained in this report.

Policy Implications

Nil

Financial Implications

Nil

Voting Requirements

Simple Majority

Recommendation

That Council:-

1. SUPPORTS effective telecommunications coverage throughout the City of Wanneroo; and

2. REQUESTS the Chief Executive Officer to engage in a public awareness campaign on behalf of Mariginiup residents encouraging them to nominate Mariginiup as a black spot area through the Federal Department of Communications “mobile coverage” email address; and

3. FURTHER the public awareness campaign to also ask residents and business operators to highlight areas in Wanneroo where internet services remain a major problem; and

4. REQUESTS the City use current data to assist the City in continuing to lobby the Federal Minister(s) to ensure these vital services are made available to our local community.

Administration Comment

Mobile Telecommunications Infrastructure

The proposed motion is consistent with the approach that Administration has taken to create a strong awareness of the mobile coverage blackspots that exist within the City of Wanneroo.

Administration will work with the community to highlight the need for better service provision in order to support the economic development aspirations of the Mariginiup community and continues to work with key stakeholder groups such as the Wanneroo Business Association.

NBN Roll-out to Existing Areas

Administration has regular and ongoing communications with NBN Co in regards to the roll-out of NBN to existing areas in the City of Wanneroo. The City is working closely with NBN Co to ensure residents and businesses are aware of when the roll-out is occurring in their suburb and what this means for them.

NBN Co. current three year roll-out plan includes the following exchanges, and associated suburbs in the City of Wanneroo. The table below summarises the indicative current three year NBN roll-out plan for the City of Wanneroo (please note this is subject to change). Once NBN construction is complete within an area, residents have 18 months to switch over to NBN before the copper wire is decommissioned.

Exchange	Areas where construction scheduled to commence before end-September 2018	Estimated commence of Construction	Estimated completion of construction
Girrawheen	Alexander Heights, Marangaroo	First half, 2017	First half, 2018
Girrawheen	Girrawheen, Koondoola	Second half, 2017	Second half, 2018
Quinns Rocks	Butler, Carabooda, Clarkson, Jindalee, Merriwa, Mindarie, Quinns Rocks, Ridgewood, Tamala Park	Mar-16	Most complete. Part of Merriwa - Mar-17
Quinns Rocks	Carabooda, Neerabup West	First half, 2017	First half, 2018
Wanneroo	Ashby, Banksia Grove, Carramar, Gnangara, Hocking, Jandabup, Mariginiup, Neerabup, Pearsall, Sinagra, Tapping, Wangara, Wanneroo	Second half, 2017	Second half, 2018
Yanchep	Two Rocks, Yanchep	Second half, 2018	Second half, 2019

High Speed Internet in New Development Areas

In all new development areas, including Neerabup Industrial Area, the developer is responsible for providing telecommunications infrastructure as part of the development process. This is not part of the national NBN roll-out program. There are a number of telecommunications infrastructure providers which developers use, and NBN Co is able to bid for work on a competitive basis, along with other companies.

Administration works closely with developers and telecommunications service providers to achieve the best outcome for the community. Administration has been active in the community through attendance and presentation at events that raise the awareness of the issue and will continue to work with stakeholders in an advocacy capacity.

Attachments: Nil

1 ⇩.	Attachment 1 - Existing Local Planning Policy 4.2	16/311830	Minuted
2 ⇩.	Attachment 2 - Revised Local Planning Policy 4.2	14/274274