Late Items Agenda of Council - Monday, 11 September 2023

Council 11 September 2023 Item 14.1

NOTICE OF MOTION

ITEM NUMBER 14.1

SUBJECT Proactive Management of Abandoned Shopping Trolleys in City of Parramatta

REFERENCE F2022/03176 - D09057456

FROM Councillor Donna Wang

MOTION

(a) That the CEO organise an urgent meeting with the major retailers that provide their customers with trolleys, including Coles and Woolworths, to advocate for increased street patrols and collection of their abandoned trolleys.

(b) That the CEO organise a working team and program to urgently deal with the significant number of abandoned trolleys that are left all around the city and conduct an enforcement blitz to prevent the trolleys becoming a safety hazard throughout the city.

(c) Further, that the major retailers be requested to implement appropriate systems to ensure their trolleys are not able to leave a shopping centre or associated car park.

BACKGROUND

1. Councill reports from the last few years in relation to shopping trolleys include:

• NOM Shopping Trolley 26 Feb 2018

Response to motion – Management of Abandoned shopping trolleys 25 June 2018

• NOM Abandoned Shopping Trolley 25 November 2019

Response to motion – Management of abandoned shopping trolleys 13 July 2020

• Abandoned Trolley Trial Outcome Report 11 April 2022

2. The most recent report was April 2022. The report detailed that the most cost-effective and efficient way to deal with abandoned trolleys is to work with the major retailers (ie Coles and Woolworths) to provide a responsive trolley collection service particularly focusing on the key hotspots.

3. A new Illegal Dumping Officer position was created and filled in early 2023 and as part of their duties they are working closely with the retailers to provide a more responsive trolley collection service.

4. Fellow councillors, with just a short walk around our city, we can see that there is an increase of trolleys left in the public domain. In some cases, they’re left in people’s car park and sometimes even along the footpath where the trolleys block pedestrians’ footpath. This is not a good look for our city, it’s not something we want to be allowing, but unfortunately there are too many people that have no desire to do the right thing by return the trolleys and this should be unacceptable.

5. People have an obligation to do the right thing and dumping trolleys is definitely not acceptable, so therefore we need to review the current policy in place and consider introducing some tough measures to ensure all the people are educated and encouraged to do the right things.

6. I’ve seen some of these large retailers like Coles over Parramatta North where a trolley locks and cannot be taken out of the car park. This smart concept should be implemented all over the major retailers or any retailer that provides a trolley.

7. Please see the attachment of photos of some of the trolleys that are left throughout our city.

Acting Executive Director City Assets & Operations response:

8. The impacts of abandoned Shopping Trolleys left within the public domain are undesirable for our City. This issue has been ongoing and Council staff have continuously reviewed the impacts of abandoned shopping trolleys, identifying any related deficiencies in legislation and implemented strategies to reduce the instances and impacts of abandoned shopping trollies.

9. It was identified while undertaking the Abandoned Shopping Trolley Trial and in the subsequent report, that the legislation in force at that time, The Impounding Act, was deficient in assisting councils to enforce the abandoning of shopping trolleys. It was to be anticipated that the new legislation, The Public Spaces (Unattended Property) Act, would improve the enforcement process. However, the new Act still has deficiencies making it difficult to use enforcement options.

10. The trial outcomes also identified that most supermarkets were reticent to introduce a system (Electromagnetic Locking System) to stop trolleys leaving the supermarket premises due to the significant cost, preferring to use the manual system of shopping trolley collection.

11. As a result of the trial outcomes, new development consents for supermarkets contain conditions that require a system to stop trolleys leaving supermarket premises.

12. Current consents already issued for operating supermarkets are generally aging consents that did not have or require a system to stop trolleys leaving premises. If a s4.55 Modification Application was to be submitted for a current supermarket it will have updated consent conditions imposed to include a system to stop trolleys leaving supermarket premises, but this cannot be forced upon current operating supermarkets.

13. Council staff can confer further with the local supermarket operators, informing them of the increased volumes of abandoned shopping trolleys and resulting impacts and the need to improve and expediate their Shopping Trolley Recovery options, including the Online/App Trolley Tracker reporting and operators. Council can also communicate with the National Head Offices of the major supermarkets, seeking their cooperation and assistance in working with the managers of the local supermarkets.

14. The impounding of supermarket trolleys has been reviewed and is currently not regarded as feasible due to a new impractical seven day requirement under the Act before Council can impound a trolley, after giving notification to the trolley owner.

FINANCIAL AND RESOURCE IMPLICATIONS

15. Nil financial impact, as staff can undertake this work within existing resources.

Donna Wang

Councillor

James Smallson

Acting Executive Director City Assets & Operations

Gail Connolly

Chief Executive Officer

Attachments:

There are no attachments for this report.

Council 11 September 2023 Item 14.2

NOTICE OF MOTION

ITEM NUMBER 14.2

SUBJECT Further Investigation of Newington Rollback Kerb Parking Proposal

REFERENCE F2022/03176 - D09102672

FROM Councillor Dr Patricia Prociv

MOTION

(a) That Council re-visit the Newington rollback kerb parking proposal.

(b) Further, that a report on the following matters be returned to Council by the end of October 2023:

i. Financial implications and timeline of a suburb wide letterbox survey of residents, social media and pop-up consultations.

ii. The results of previous surveys.

iii. Any relevant amendments that may be required to the Parking Enforcement Policy to enable the proposal to be implemented, including as a potential pilot program or trial.

BACKGROUND

Nil

Acting Executive Director City Assets & Operations Response:

Council is in support of the Notice of Motion.

1. Newington is primarily a residential area and is within 2km walking distance from Sydney Olympic Park. Streets in this area are generally narrow (either 5.5m or 8m) with rollback kerb and gutter. Due to its close proximity to Sydney Olympic Park, there is a high demand for on street parking in this area on event days.

2. According to Road Rules, it is illegal to park on nature strips. Whilst it is a requirement that motorists comply with the Road Rules, Council’s Parking Enforcement Policy recognises the issue of the number of suburban streets within the City of Parramatta LGA where the road surface has been reduced in width and additional kerbing installed such as rollback kerbs and takes no action when vehicles are parked at the rollback kerb. However, this discretion does not apply in Newington, therefore infringement notices are issued to vehicles that are parking on nature strips on streets with rollback kerbs in accordance with the Road Rules.

3. It is to be noted that Council has previously undertaken two community consultations in 2016 and 2017 with the residents of Newington regarding parking at rollback kerbs. Both survey results were inconclusive, in that the results were almost a split decision amongst the community association of Newington. The results for 2016 were 51% against and 49% for, the result for 2017 were 52% against and 48% for.

4. As such, the decision was made to include a notation in the Parking Enforcement Policy that Rollback Kerb Parking was allowed on all rollback kerbs other than those in the Newington suburb.

5. The prior surveys were very contentious and emotive with claims that if parking went ahead on the rollback kerbs, the landowners against the parking would not maintain their nature strips and questioned who would be responsible for maintaining the nature strips and any ongoing remediation costs etc.

FINANCIAL AND RESOURCE IMPLICATIONS

6. An initial consultation with Council’s Engagement team indicate the approximate cost of community consultation through mailout, a drop-in session at Newington Marketplace and a targeted social media campaign is $6,000.

7. This consultation can be undertaken from within existing budgets. The other works e.g. printing, design and managing the consultation can be undertaken by Council staff using existing resources.

Dr Patricia Prociv

Councillor Prociv

James Smallson

Acting Executive Director City Assets & Operations

Gail Connolly

Chief Executive Officer

Attachments:

There are no attachments for this report.

Council 11 September 2023 Item 14.5

NOTICE OF MOTION

ITEM NUMBER 14.5

SUBJECT Upgrade of Lake Parramatta Amenities and Facilities

REFERENCE F2022/03176 - D09113901

FROM Councillor Georgina Valjak

MOTION

(a) That Council commence a revision of the Lake Parramatta visitor precinct Masterplan to be completed by mid-2024 using in-house resources.

(b) That Council authorises the CEO to apply for any available grant funding to implement components of the existing Lake Parramatta Masterplan noting that elements of the Masterplan that could attract grant funding include:

a. New public toilets/change facility,

b. Development of a new district level playground,

c. Redevelopment of the existing buildings including a new kiosk, community rooms and storage facilities,

d. Improvements to and/or expansion of the car parking.

(c) Further, that Council investigate the commencement of a new capital project, focussed on the development of new amenities at Lake Parramatta, including an upgraded playground and the identification of potential funding sources for this project.

BACKGROUND

1. The project scope of works (Lake Parramatta Swimming Area Upgrade Project) has been approved by Council under the WestInvest grant program at the Council Meeting 14 June 2022.

· Council has spent and committed $145,000 of grant funds to date on this project. This funding would need to be found by Council and paid back to the Department if the project is not delivered.

· Any matter regarding the existing amenities building and sewerage system is important however outside the scope of this project. Council could establish a new project to focus on the upgrade of the broader picnic precinct including amenities, café and sewer.

· Outdoor showers have been included within the scope of the WestInvest project

· That if Councillors would like to commence a new project focussed on the upgrade of the pump out sewer and/or the development of new amenities at Lake Parramatta, then a separate report is recommended.

2. The existing playground is overdue for an upgrade and there is a significant investment required to upgrade to a District Park.

Acting Executive Director City Assets & Operations response:

3. Council staff can undertake a revision to the Masterplan for the Lake Parramatta Visitor Precinct utilising existing inhouse resources within the timeframe stated.

4. If adopted, this resolution will supercede the current Council resolution No 4396 related to the report: Lake Parramatta Swimming Area upgrade from the Council Meeting of 10 July 2023, being:

(c) That a report be presented to Council outlining the process and funding required for the development of a new landscape masterplan for the Lake Parramatta visitor precinct. The report is to review grant funding opportunities and provide a status update on outstanding work items from the Lake Parramatta Plan of Management 2012, relating to the visitor precinct.

5. In conjunction with the masterplan revision Council staff can expedite investigations into the development of a new capital project focussing on the amenities and playground replacements. This will include a review of funding opportunities.

FINANCIAL AND RESOURCE IMPLICATIONS

6. Nil financial impacts. To be completed utilising existing inhouse resources.

Georgina Valjak

Councillor

James Smallson

Acting Executive Director City Assets & Operations

Gail Connolly

Chief Executive Officer

Attachments:

Council 11 September 2023 Item 14.6

NOTICE OF MOTION

ITEM NUMBER 14.6

SUBJECT Reducing Impacts of Cats on Native Wildlife

REFERENCE F2022/03176 - D09114122

FROM Councillor Phil Bradley

MOTION

(a) That Council notes that:

i. Keeping cats at home is the safest option for wildlife, community and the cats themselves.

ii. Pet cats allowed to freely roam outside kill an estimated 323 million native Australian animals and an additional 223 non-native animals annually.0F0F^{^[1]}^,1F1F^{^[2]}

iii. Roaming cats are a direct threat to species which are found in our local bushland

iv. Unlike in other states and territories, the NSW Companion Animals Act 1998 does not currently allow local councils the flexibility to introduce cat containment policies in consultation with the local community that meet the specific needs of their area and protect local wildlife.

v. Cat containment and responsible pet ownership policies would require cat owners to keep their pet within the bounds of their property, as is currently the case for dogs, livestock and other pets.

vi. The Local Government Association of NSW supports “Amendments to legislation to enable councils to more effectively manage the nuisance effects of cats on residents and wildlife, including streamlining the process of animal registration and limiting the roaming of cats beyond their owner’s property.’2F2F[3]

vii. Cats that are kept safely at home live up to 10 years longer. According to the RSPCA NSW, two in three cat owners have lost a cat to a roaming-related incident and one in three to a car accident3F3F[4].

viii. The NSW Government through the NSW Environmental Trust is working with RSPCA NSW and 11 councils to deliver the ‘Keeping Cats Safe at Home’ project to encourage owners to improve responsible pet ownership and reduce the number of roaming pet and stray cats through education and subsidised desexing programs.

ix. In addition to cat containment, desexing pet cats is a key practice that can help reduce the number of roaming cats that result from unintentional breeding and animal abandonment.

(b) Further, that Council write to the Minister and Shadow Ministers for Local Government, Environment and Animal Welfare; the NSW MP for Parramatta Clr Donna Davis; the NSW Greens’ and Independents’ relevant MPs, drawing their attention to this motion and calling for:

i. Changes to the Companion Animals Act 1998 to bring NSW into line with other states and territories by allowing local government to introduce cat containment policies in consultation with the local community that meet the specific needs of their area and community, including phase-in periods, selection of areas within the LGA to which the policy applies, monitoring frameworks and resource allocation.

ii. The establishment of a $10 million three-year state-wide grant program to support councils to implement domestic cat containment policies and associated responsible cat ownership programs to increase containment, desexing, identification and registration.

iii. Implementation of a state-wide ‘Safe cat, safe wildlife’ campaign that includes the development of a central, state-wide online platform, in consultation with councils, relevant agencies and animal welfare bodies to make responsible pet ownership information easily accessible.

BACKGROUND

1. Legislative reforms are required to ensure responsible ownership of cats that would keep them safe, while preventing predation on wildlife.

2. Pet cats are both a valued companion animal and one of the world’s most successful predators. Pet cats allowed to freely roam outside kill an estimated 323 million native Australian animals and an additional 223 non-native animals annually.

3. Despite these impacts on our native wildlife, the NSW Companion Animals Act 1998 does not currently include requirements for cats to be secured at home and prevented from roaming, this is often termed a cat curfew or cat containment. NSW and WA are the only States in Australia that do not enable councils to consider cat containment through State legislation. For example, the respective companion animal management legislation in Victoria, Tasmania, Queensland, and South Australia supports local governments to create locally specific laws for pet containment.

4. Councils should have the flexibility to introduce containment policies in consultation with the local community that meet the specific needs of their area and community, including phase-in periods, selection of which areas within their jurisdiction the policy applies and monitoring frameworks including consideration of resource allocation.

5. I call on Council to support my call for the NSW Government to make amendments to the Companion Animals Act 1998 that would equip local governments with the necessary powers to implement cat containment at a local level.

Acting Executive Director City Assets & Operations Response:

6. Council officers recognise firsthand the issues with Domestic Cats entering into Council’s Wildlife Protection Areas (WPA’s) which has been occurring and ongoing for many years due to the lack on controls for cats in the Companion Animals Act (CAA) 1998. Parramatta Local Government Area has 8 WPA’s located across the LGA, located in Beecroft Reserve, Cox Park, Galaringi Reserve, Edna Hunt Sanctuary, Lake Parramatta Reserve, Quarry Branch Creek, Terry’s Creek, Upper Toongabbie Creek and Vineyard Creek.

7. Council’s experience in managing WPA’s indicates it would be very unlikely that physical cat barriers for properties would be feasible or practical to contain cats. With changes to the Companion Animal Act, it would be reasonable for Council to implement a cat curfew that requires owners to keep cats within the confines of their properties (indoors) during evening hours, saving significant numbers or local wildlife.

8. City of Parramatta is one of 11 councils participating in the ‘Keeping Cats Safe at Home’ strategy in conjunction with the NSW RSPCA.

9. Legislative amendments to the Act would greatly benefit containment of both Domestic and Feral Cats and improve compliance options. Such amendments should be beneficial to enable compulsory containment of domestic cats within a residential premises and to establish requirements for purpose built cat enclosure to restrict movements of all domestic cats from entering into WPA’s.

FINANCIAL AND RESOURCE IMPLICATIONS

10. Nil financial impact. These actions will not require any additional budget.

Phil Bradley

Councillor

James Smallson

Acting Executive Director City Assets & Operations

Gail Connolly

Chief Executive Officer

Attachments:

Council 11 September 2023 Item 15.2

QUESTIONS WITH NOTICE

ITEM NUMBER 15.2

SUBJECT Water Bubblers in Public Spaces

REFERENCE F2022/03176 - D09114012

FROM Councillor Kellie Darley

QUESTION WITH NOTICE

Executive Director City Assets and Operations response:

1. How many parks in the Parramatta LGA have a water bubbler?

The Parramatta LGA has 145 water bubblers. The number of water bubblers in each ward is as follows:

· Rosehill – 25

· Dundas – 23

· Parramatta – 23

· North Rocks – 44

· Epping – 30

2. How many more parks are scheduled to have a bubbler installed?

One park is currently scheduled to have a water bubbler installed, John Curtin Reserve located in Winston Hills. To maximise the benefits in the context of ongoing costs, water bubblers are being strategically located at activity nodes with high pedestrian traffic (e.g. town centres), where regular physical activity (e.g. sportsgrounds) or large gatherings (e.g. picnic, BBQ) occur.

3. Approximately, how much does it cost to install a bubbler in a park?

The cost to install a water bubbler is approximately $20,000 for supply and install subject to site conditions and access to an existing water line/connection.

4. What are the benefits of there being water bubblers available in public spaces?

The provision of bubblers (or ‘hydration stations’) in parks and open spaces provides free public access to safe and high-quality drinking water to reduce reliance on bottled water. They provide a convenient alternative option for a wide variety of users, from children to pets and rough sleepers, with range of associated economic, environmental and health benefits:

i. Economic

o Saves money through reduced need to purchase increasingly expensive bottled water.

ii. Environmental

o less waste from single-use bottles (plastic / glass) that potentially pollute the environment.

o reduced emissions from plastic / glass production and transportation.

iii. Health

o promotes hydration while engaging in a range of everyday activities (particularly physical activity such as exercise or sport).

o provides an alternative to sugary drinks that contribute to rising rates of obesity and tooth decay.

Water refill stations are often a preferred way to access water (rather than bubblers) as they are perceived as cleaner and more hygienic than a drinking spout only. The vertical flow of water makes it easier to refill reusable water bottles and flow meter gauges can be installed to monitor usage.

Attachments:

REFERENCE MATERIAL

Council 11 September 2023 Item 15.3

QUESTIONS WITH NOTICE

ITEM NUMBER 15.3

SUBJECT All Electric Buildings - DCP Provisions

REFERENCE F2022/03176 - D09114079

FROM Councillor Georgina Valjak

QUESTION WITH NOTICE

Following the recent Ordinary Council Meeting of 28 August 2023, comments were made with regard to no scheduled workshop following the 19 October 2022 session where the following item was placed on the agenda: For Councillor feedback - All- electric buildings? (i.e. all new buildings to only use electricity; not gas).

At the same meeting on 19 October, Councillors discussed other general items including tree canopy, EV charging stations, flooding and Manor Houses. All of these items were brought back to a follow up workshop during 2023 following exhibition, for discussion with Councillors, with the exception of the All Electric Buildings provisions. Can I please be advised of the dates of the follow up workshop(s) and the nature of the Councillor feedback which led to the inclusion of the 5.4.3 All Electric Building DCP provisions.

Executive Director City Planning & Design response:

At the workshop held on 19 October 2022 Council officers outlined changes being considered to environmental performance controls as part of the draft Harmonisation DCP. Councillors were asked for feedback on the proposal to introduce controls for all-electric buildings within the draft DCP. Councillors indicated that there would be little support for this to be applied to residential uses, however, did not raise objections to investigating the possibility of introducing controls for all-electric buildings for other land uses (i.e. non-residential uses). Councillors did not request a follow up workshop on the policy area of all-electric buildings.

Council officers proceeded to investigate the electrification of buildings for non-residential land uses. Council officers proposed controls to require the electrification of commercial and certain non-residential uses within Section 5.4.3 All-Electric Buildings of the draft DCP considered by Council at its meeting of 28 November 2022. Paragraph 29 and 30 of the Council report outlined that updated environmental provisions relating to energy and water efficiency were proposed. The detail of what was proposed was contained in Attachment 3 – Key Policy Matters of the report. Council adopted the draft DCP with these controls on 28 November 2022, and these provisions were consulted with the community during the six-week exhibition.

A workshop was held on 21 August 2023 to brief Councillors on the outcome of the public exhibition of the draft DCP in advance of the 28 August 2023 Council Meeting. The presentation detailed the outcome of the exhibition and focused on proposed changes to the draft DCP resulting from the exhibition process. Other than this workshop, there were no other workshops held in 2023 that dealt with specific elements of the draft DCP such as tree canopy, etc.

The were no objections received to the proposed electrification controls during the public exhibition. However, two submissions were received in support of the provisions and requested the ban on gas to commercial premises be extended to residential properties.

Therefore, as there was only support for the provisions and no public objections to the proposed ban on gas to commercial premises, there were no changes proposed to the draft DCP by staff and there was no discussion of this issue at the workshop on 21 August 2023.

Attachments:

REFERENCE MATERIAL

Council 11 September 2023 Item 15.4

QUESTIONS WITH NOTICE

ITEM NUMBER 15.4

SUBJECT Questions Taken on Notice at the 28 August 2023 Council Meeting

REFERENCE F2022/03176 - D09117615

REPORT OF Council Secretariat & Registers Officer

Questions with Notice

Councillor Bradley asked a question on Item 12.1: Update on Quarter Four Progress Report - delivery Program and Operational Plan 2022/23

The number of street trees planted in 2022/23 was approximately 1,500, which is much lower than the anticipated target of 4,000. Further clarification is requested to explain the shortfall from target.

Acting Executive Director City Assets & Operations Response:

There are two Council programs that fund street tree planting. For the financial year 2023/24, the Parks and Open Space team have an annual budget of $400,000 in which approximately 480 sites have been selected using 10 litre trees to maximise the number of plantings. This program is identified in Council’s Environment and Sustainability Strategy (2017), Pg 24, Urban Forest section under the action “Delivering the City of Trees program, planting around 1,000 street trees every year”.

In addition to Council’s Public Tree Program, Transport for NSW has provided extra funding and resources to Council to offset trees removed as part of the Parramatta Light Rail (PLR) project. A total of 2,525 trees have been planted over the past 3 financial years with a 24 month maintenance period now in place.

The 2021/22 DPOP originally stated that all trees planted under the Parramatta Light Rail project and Public Tree Program would total approximately 4000 trees. This statement has distorted the planting program reporting within the 2022/23 DPOP, which has a metric reporting total street trees planted compared to the previous year.

Council’s City Strategy team are coordinating a canopy plan that was presented to Councillors at an April 2023 workshop. This plan will set Council’s revised canopy targets, planting guidelines, future targets, and budget direction. A future workshop on the Canopy Plan has been set with the Councillors in early 2024.

Councillor Humphries asked a question on Item 13.3: adoption of Parramatta DCP 2023

In reference to the quote from NSW Premier, The Hon. Chris Minns MP, regarding the VIC government decision on gas emission, why there is such a disparity between the NSW and VIC gas usage and supply pipeline?

Executive Director City Planning & Design Response:

Victoria has the highest gas usage and number of consumers (2 million in Victoria compared to 1.5 million in NSW) of any Australian State. Gas also provides for double the energy needs of Victoria when compared to NSW.

Victoria has declining gas reserves due to the anticipated decreases from Gippsland legacy fields and the smaller number of gas network operators (i.e. there are three in VIC, and eight in NSW).

In response to declining reserves, the Victorian Government launched a Gas Substitution Roadmap in 2022 to reduce dependency on gas and meet its target on net zero emissions given gas contributes to 17% of the Victoria’s greenhouse gas emissions.

NSW has larger contingent resources of gas but a higher dependency on coal and oil which makes up 80% of energy usage in NSW (compared to 70% in Victoria). There is no policy in place at this time to phase out gas usage across NSW. Over 50% of gas usage in NSW is by industry.

These factors relating to energy supply and distribution underpin why there is a disparity between the NSW and Victorian gas usage and helps explain why Victoria has pursued the Gas Substitution Roadmap.

Vandana Saini

Council Secretariat & Registers Officer

Roxanne Thornton

Chief Governance & Risk Officer

Gail Connolly

Chief Executive Officer

Attachments:

^{^[1]} Legge, S, Woinarski, JCZ, Dickman CR, Murphy, BP, Leigh-Ann, W & Calver MC 2020, ‘We need to worry about Bella and Charlie: the impacts of pet cats on Australian Wildlife’, Wildlife Research.

^{^[2]} Stobo-Wilson et al. 2011, ‘Counting the bodies: estimating the numbers and spatial variation of Australian reptiles, birds and mammals killed by two invasive mesopredators’, Diversity and Distributions.

^{^[3]} Local Government NSW Policy Platform, April 2022. Available at: f

^{^[4]} RSPCA NSW Keeping Cats Safe at Home project. Viewable at: https://www.rspcansw.org.au/keeping-cats-safe/