Council Minutes Continuation of Adjourned Meeting 2 June 2015 (Draft)

COUNCIL MINUTES 2 JUNE 2015

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MINUTES

OF THE ADJOURNED MEETING OF 29 MAY 2015 OF THE COUNCIL OF THE CITY

OF CAPE TOWN HELD IN THE COUNCIL CHAMBER, 6 TH FLOOR, PODIUM

BLOCK, CIVIC CENTRE, 12 HERTZOG BOULEVARD, CAPE TOWN, ON TUESDAY,

02 JUNE 2015 AT 10:00.

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ACRONYMS:

ACDP - African Christian Democratic Party

AJ - Al Jama-ah

AMP - African Muslim Party

ANC - African National Congress

CMC - Cape Muslim Congress

COPE - Congress of the People

DA - Democratic Alliance

FF+ - Freedom Front Plus

NPSA - National Party South Africa

PAC - Pan Africanist Congress of Azania

UDM - United Democratic Movement

SECTION 1 OPENING OF MEETING

The Speaker welcomed all Councillors, officials, the media and members of public in the gallery to the ordinary Council meeting.

A moment of silence was observed.

Councillors and members of the Executive Management Team (EMT) were called upon to register their attendance electronically.

SECTION 2 APOLOGIES / LEAVE OF ABSENCE

Still to be inserted.

C 14/05/15 CAPE TOWN STADIUM AND GREEN POINT PARK BUSINESS AND

OPERATING PLAN JULY 2015 - JUNE 2018

RESOLVED that:

(a) the operational business plan for the Cape Town Stadium and

Green Point Urban Park be extended and approved for the period

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1 July 2015 until 30 June 2016

(b) the current staff establishment of the Cape Town Stadium and

Green Point Urban Park, consisting of both permanent and temporary staff be retained until June 2016

(c) the requirements of the operating and capital budget for the Cape

Town Stadium and Green Point Urban Park be authorized for incorporation into the City budget development and approval processes for the 2015/2016 budget cycle

(d) a progress report on the operational business plan for Cape

Town Stadium and the Green Point Urban Park be submitted by

March 2016.

ACTION: L DE REUCK; A GROENEWALD

(The FF+ requested that its objection be recorded against the

above resolution)

C 15/05/15 GRANT-IN-AID ALLOCATIONS FOR 2014/15 AS RECOMMENDED

BY VARIOUS SUBCOUNCILS AND SUBMITTED TO THE GRANT-IN-

AID COMMITTEE FOR CONSIDERATION

RESOLVED that the proposed grant-in-aid allocations for 2014/15 totalling R410 000, as set out in Annexure A to the report on the agenda and as recommended by various subcouncils and supported by the

Grant-in-Aid Committee, be approved.

ACTION: A JORDAAN; G VAN SCHALKWYK; K JACOBY

C 16/05/15 REVIEW OF COUNCIL'S SYSTEM OF DELEGATIONS

RESOLVED that:

(a) all decisions taken under the previous System of Delegations remain in force

(b) the proposed amendments explained/motivated in Annexure A to the report on the agenda, as well as those amendments set out in the preamble of the recommendation on page 132 of the agenda, be adopted

(c) should the System of Delegation contain any duplication of a power, duty or function, the power, duty or function conferred on the higher authority will take preference

(d) the amendments to System of Delegation is published on the City's website

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(e) all delegating authorities who are affected by the amendments and who have previously delegated or sub-delegated these powers, duties or functions, must ensure that the necessary amendments are conveyed to the delegatees.

ACTION: G KENHARDT; G RAS

C 17/05/15 ESTABLISHMENT OF A MUNICIPAL PLANNING TRIBUNAL

RESOLVED that:

(a) a Municipal Planning Tribunal be established for the City of Cape

Town municipal area in terms of section 115(1) of the Municipal

Planning By-law

(b) the composition of the Municipal Planning Tribunal be determined to consist of 21 members: 12 authorised officials in the full time employment of the City and 9 members who are not officials

(external members) in terms of subsections 115 (2)(a) and (b) of the Municipal Planning By-law

(c) it be determined that the Municipal Planning Tribunal must constitute itself to comprise four panels, in terms of subsection

120(3) of the Municipal Planning By-law

(d) the terms and conditions of service for the members of the

Municipal Planning Tribunal who are not officials (external members), be determined as set out in Annexure A to the report on the agenda, in terms of section 117(1) of the Municipal

Planning By-law

(e) in terms of subsection 117(1) of the Municipal Planning By-law, the remuneration for the Municipal Planning Tribunal be determined as follows:

(i) ordinary external members be remunerated at a rate equal to the Sacplan guideline hourly tariff charge for Category B professionals as determined from time to time in terms of

Section 29 of the Planning Professionals Act with a maximum of 8 hours per meeting including preparation time for the meeting and two meetings per month. The travelling costs be reimbursed at market-related rates and capped at a 200 km per month;

(ii) the deputy chairperson be remunerated at the same rates as ordinary members but is not subject to the capping of billable hours or mileage;

(iii) the chairperson be remunerated at a TCOE within the range equivalent to the T20-grade of the City's grading system;

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(iv) officials will not receive additional remuneration for serving on the Municipal Planning Tribunal.

(f) a further report be submitted to Mayco to consider the costs of any impact on committee support services rendered by subcouncils to the regional panels of the Municipal Planning Tribunal, which funding is to be identified via the August 2015 adjustment budget

(g) a further report be submitted to Mayco to consider potential costs of any external/professional assistance when such assistance is not available within the City.

ACTION: F OGLE; C WALTERS; J HUGO

C 18/05/15 CODE OF CONDUCT FOR MEMBERS OF THE MUNICIPAL

PLANNING TRIBUNAL TO BE ESTABLISHED IN TERMS OF THE

MUNICIPAL PLANNING BY-LAW

RESOLVED that the code of conduct attached as Annexure A to the report on the agenda, to apply to members of the Municipal Planning

Tribunal to be established in terms of Municipal Planning By-law, be approved.

ACTION : F OGLE; C WALTERS; J HUGO

C 19/05/15 APPOINTMENT OF MEMBERS OF THE MUNICIPAL

PLANNING TRIBUNAL

RESOLVED that, in terms of section 115(6)(b) of the Municipal Planning

By-law:

(a) the persons listed in Annexure A to the report on the agenda be appointed to serve as members of the Municipal Planning Tribunal, in terms of section 115(2)(d) of the Municipal Planning By-law;

(b) the officials listed in Annexure B are designated as authorised officials to serve as members of the Municipal Planning Tribunal , in terms of section 115(2)(c) of the Municipal Planning By-law;

(c) the term of office for the authorised officials set out in Annexure B to the report on the agenda, is stipulated as five years from date of designation, subject to remaining in the full time employment of the

City, in terms of section 116(1) of the Municipal Planning By-law;

(d) the term of office for members of the Municipal Planning Tribunal listed in Annexure A to the report on the agenda, is stipulated as five years from date of appointment, in terms of section 116(3) of the Municipal Planning By-law;

(e) David Daniels be designated as the chairperson of the Municipal

Planning Tribunal, in terms of section 120(1) of the Municipal

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Planning By-law;

(f) Sydney Holden be designated as the deputy chairperson of the

Municipal Planning Tribunal, in terms of section 120(1) of the

Municipal Planning By law.


(The ANC requested that its vote be recorded against the above resolution insofar as it relates to the composition of the Municipal

Planning Tribunal)

C 20/05/15 CATEGORISATION OF APPLICATIONS TO BE DECIDED BY THE

MUNICIPAL PLANNING TRIBUNAL AND AUTHORISED OFFICIALS

IN PREPARATION FOR THE IMPLEMENTATION OF THE

MUNICIPAL PLANNING BY-LAW

RESOLVED that:

(a) it is prescribed that the category 1 applications listed in Annexure

A to the report on the agenda , be decided by the Municipal

Planning Tribunal and category 2 applications, listed in Annexure A to the report on the agenda, be decided by an authorised official for the purposes of section 114(1) of the Municipal Planning By-law

(MPBL)

(b) the Executive Director: Energy, Environmental and Spatial Planning

(ED: EESP) be designated as an authorised official, for the purposes of section 114(b) of the MPBL, to decide on category 2 applications

(c) the employees in the following positions be designated as authorised officials for the purposes of section 114(b) of the MPBL to decide on category 2 applications, subject to the further written authorisation, namely: Director: Planning and Building

Development Management, Manager: Development Policy,

Processes and Legislation, Head: Land Use Management, Head:

Building Development Management, Regional Manager, District

Manager, Section Head: Land Use Management, Section Head:

Customer Interface, Principal Professional Officer, Senior

Professional Officer, and Professional Technical Officer

(d) the ED: EESP be authorised to withdraw the designation of any of the authorised officials listed in (c) above in the event of noncompliance with SPLUMA, the MPBL or the terms of the authorisation given by the ED: EESP.


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C 21/05/15

C 22/05/15

DESIGNATION OF AUTHORISED OFFICIALS AS CONTEMPLATED

IN SECTION 114(1)(b) OF THE CITY OF CAPE TOWN MUNICIPAL

PLANNING BY-LAW, 2015

This matter was dealt under item C 20/05/15 above.


AMENDMENT TO COUNCIL'S SYSTEM OF DELEGATIONS: CITY

OF CAPE TOWN MUNICIPAL PLANNING BY-LAW, 2015

RESOLVED that:

(a) the amendments to the Council's System of Delegations as set out in Annexure A to the report on the agenda, be adopted

(b) the amendments to Council's System of Delegations come into force on the date that the City of Cape Town Municipal Planning

By-law, 2015 comes into force.


C 23/05/15 APPROVAL OF THE PUBLICATION OF PROVINCIAL NOTICE IN

TERMS OF SECTION 24(4) OF THE CITY OF CAPE TOWN

MUNICIPAL PLANNING BY LAW, 2015: DESIGNATION OF AREAS

OR LAND UNITS SUBJECT TO AN OVERLAY ZONING

RESOLVED that:

(a) the areas and land units referred to in the “City of Cape Town

Overlay Zoning Land Designation Notice 2015”, attached as

Annexure A to the report on the agenda ('the Notice'), be designated to have the overlay zonings contemplated in the Notice in terms of section 25(5) of the City of Cape Town Municipal

Planning By-Law, 2015, and that publication of the Notice in terms of section 24(4) of the City of Cape Town Municipal Planning By-

Law, 2015 be approved

(b) the Notice come into operation on the date upon which the City of

Cape Town Municipal Planning By-Law, 2015 comes into operation.


C 24/05/15 DEVELOPMENT OF THE OPERATIONS PLAN FOR THE 2032

INTEGRATED PUBLIC TRANSPORT NETWORK (IPTN)

The recommendation on the agenda was put to the vote, with the result as follows:

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In favour

Against

:124

: 56

Abstentions : 3

The recommendation was carried.

RESOLVED that:

(a) the Integrated Public Transport Network (IPTN) Operations Plan for 2032 appended as Annexure A, be approved by Council as the overarching high level operations plan for the services contained in the approved IPTN Network Plan for 2032

(b) the IPTN Operations Plan: 2032 forms the system planning basis regarding the operational parameters of the 2032 Integrated Public

Transport Network and, together with the approved Network Plan, forms the basis of:

(i) the IPTN Business Plan;

(ii) the individual corridors' detailed operations planning;

(iii) engagements with stakeholders regarding Cape Town's operational requirements for the IPTN 2032.

(c) the IPTN Operations Plan: 2032 be followed by the IPTN

Implementation Plan, which will provide a roll-out plan detailing the phased implementation of the IPTN towards 2032, to be submitted to Council for approval by mid-2015

(d) the operational parameters for the Lansdowne-Wetton Corridor

(trunk route T11 and T12), as extracted from the IPTN Operations

Plan for 2032 and included in Annexure B, be confirmed as input into the Lansdowne-Wetton Corridor planning process.

ACTION: C HOLDERNESS; M MAZAZA; M WHITEHEAD

C 25/05/15 REPORT ON THE PUBLIC PARTICIPATION PROCESS FOR

THE PROPOSED RENAMING OF THE SEA POINT LIBRARY TO

THE COLIN EGLIN SEA POINT LIBRARY


In favour

Against

:118

: 58

Abstentions : 8


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The ACDP and FF+ abstained from voting on this item.

RESOLVED that the Sea Point Library be renamed the Colin

Eglin Sea Point Library.

ACTION: F VENTER; I ROBSON; G METTLER; G RAS

C 26/05/15 POLICY FOR THE BURIAL AND CREMATION OF DESTITUTE

PERSONS

RESOLVED that the Policy for the Burial and Cremation of Destitute

Persons, be approved.

ACTION: S BRICE; J BENNETT; L MTWAZI

C 27/05/15 BUSINESS PARAMETERS FOR THE DESIGN AND

IMPLEMENTATION OF PUBLIC TRANSPORT INFRASTRUCTURE

ALONG STOCK AND STRANDFONTEIN ROADS, MyCiTi PHASE 2A

RESOLVED that, in order to ensure that the design and implementation of the infrastructure to support Phase 2A of MyCiTi for the Landsdowne-

Wetton Corridor is done in a way that ensures the financial sustainability of the service, it is resolved that:

(a) infrastructure designs regarding this phase must be flexible in as much as it is feasible so as to allow the operation of the service to respond to demand as it materialises while reducing operational costs as appropriate and while supporting the long term vision of optimal land use patterns and a corresponding optimal public transport system;

(b) the business parameters and their application to design and implementation of infrastructure in the currently programmed Stock and Strandfontein Roads projects as set out in Annexure A to the report on the agenda, which parameters are aimed at ensuring such flexibility, be approved.

ACTION: D BOSCH; P GREY; M MAZAZA; M WHITEHEAD

C 28/05/15 RELEASE OF CITY LAND FOR LAND RESTITUTION PURPOSES:

ERF 82091 AND ERF 82092, RETREAT

RESOLVED that:

(a) it be confirmed that Erf 82091 and Erf 82092, Retreat is not required for the provision of basic municipal purpose/s

(b) the release of Erf 82091 and Erf 82092, Retreat, for restitution purposes, to the Land Claims Commission at a cost of R5 607

327-00, be approved

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(c) the Executive Director: Human Settlements be authorised to, on behalf of the City of Cape Town, sign documents required to give effect to the above decision.

ACTION: P MOLAPO; N WALKER; I BROMFIELD

C 29/05/15 RELEASE OF CITY LAND FOR LAND RESTITUTION PURPOSES:

REMAINING EXTENT OF LOTS NO 357 AND 360, LOTUS RIVER

ESTATE

RESOLVED that:

(a) it be confirmed that the remaining extent of Lots no 357 and 360,

Lotus River Estate is not required for the provision of basic municipal purpose/s

(b) the release of remaining extent of Lots no 357 and 360, Lotus

River Estate, for restitution purposes, to the Land Claims

Commission at no cost, be approved.

(c) the Executive Director: Human Settlements be authorised to, on behalf of the City of Cape Town, sign documents required to give effect to the above decision.

ACTION: P MOLAPO; N WALKER; I BROMFIELD

C 30/05/15 ABSA BANK SHORT-TERM DEBT FACILITIES FOR 2015/16

RESOLVED that the 2015/16 short-term debt facilities, as listed below and included in the Absa Bank facilities agreement to be entered into between the City of Cape Town and Absa Bank Ltd, be approved for the period 1 July 2015 to 30 June 2016, in terms of section 45(2)(a) of the

Local Government Municipal Finance Management Act, Act 56 of 2003:









Performance guarantee:

Letter of credit:

Travel card facility:

Funds transfer: day light limit:

R25 000 000

R10 500 000

R2 000 000

R2 000 000 000.

ACTION: H ROBBINS; D VALENTINE; K JACOBY

C 31/05/15 REQUEST FOR COUNCIL TO APPROVE THE ENTERING INTO OF

AN IMPLEMENTATION AGREEMENT BETWEEN THE CITY OF

CAPE TOWN AND THE V & A WATERFRONT HOLDINGS

PROPRIETARY) LIMITED

RESOLVED that:

(a) authority be granted for the commencement and completion of a section 76 to 84 (both inclusive) process as contemplated in the

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Local Government: Municipal Systems Act, No 32 of 2000

(b) the draft Implementation Agreement attached as Annexure A to the report on the agenda be approved and entered into

(c) the Director: Development Facilitation be authorised to on behalf of the City, sign the Implementation Agreement.

ACTION: K KAVENEY; L GREYLING

C 32/05/15 2015/16: BUlLT ENVIRONMENT PERFORMANCE PLAN (BEPP)

RESOLVED that the Final Draft of the Built Environment Performance

Plan (BEPP) for the year 2015/16, be approved.

ACTION: P AHMAD; C STONE; J HUGO

C 32A/05/15 TASK PROJECT- SPECIAL ALLOWANCE

Note: The references to a Council decision of November 2013 in sections 4 and 6 of the report on the agenda should read December

2013.

RESOLVED that:

(a) approval be granted for the payment of a non-pensionable allowance equivalent to an acting allowance backdated to 1 July

2014, up until the date the new appointment was effected, for all employees whose Recruitment and Selection process was not finalised by 30 June 2014

(b) approval be granted to pay a special allowance to all employees whose appeal outcomes placed them into the 'promotional' category, in these instances the special allowances will be backdated to 1 July 2012, until appointment into the position is made

(c) the costs associated with this report be approved on the basis that the Directorates fund the additional expenditure from within the current budget by abolishing vacancies, if required

ACTION: R DAMES; M PREGNOLATO; C PRINSLOO; J QUINCE;

G RAS

C 32B/05/15 FUNDING CONTRIBUTION TO THE CITY OF CAPE TOWN (CCT)

AND THE CAPE HIGHER EDUCATION CONSORTIUM (CHEC) JOINT

ANNUAL RESEARCH PROGRAMME

RESOLVED that:

(a) the City of Cape Town and the Cape Higher Education Consortium

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joint annual research programme, be approved and supported

(b) approval be granted for a funding contribution to the City of Cape

Town and the Cape Higher Education Consortium joint annual research programme

(c) approval be granted for funding of R300 000 per annum for three years (2015/2016, 2016/2017 and 2017/2018) to the Cape Higher

Education Consortium (CHEC) as the City's contribution to the City of Cape Town and the Cape Higher Education Consortium joint annual research programme, subject to the availability of budget

(d) the acting Executive Director: Corporate Services be authorised to enter into a memorandum of agreement with the Cape Higher

Education Consortium (CHEC) that reflects the funding agreement and the desired outcomes of the joint research programme.

ACTION: C WRIGHT; K SMITH; G RAS

C 32C/05/15 INVESTIGATION INTO ALLEGATIONS OF BREACH OF THE CODE

OF CONDUCT FOR COUNCILLORS: COUNCILLOR IVERSEN

Cllr I Iversen recused himself from the discussion of this item.


In favour :121

Against : 58

Abstentions : 5


The ANC voted against the recommendation.

Cllr G Haskin requested that it be noted that the ACDP abstained from voting on this matter.

RESOLVED that, based on the content of the report on the agenda and the recommendation of the Disciplinary Committee, Councillor Iversen is found not guilty of contravention of item 2(b) of the Code of Conduct for

Councillors, in that he did not compromise the credibility and integrity of the municipality when he was involved in an altercation with a member of the public in April 2014.

ACTION: J ROUX; L MBANDAZAYO; G RAS

C 32D/05/15 POLICY ON CONTRIBUTIONS TO THE CITY OF CAPE TOWN

RESOLVED that the draft amended policy on Contributions to the City of Cape Town, be approved.

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C 32E/05/15

ACTION: Z SUNGAY; D VALENTINE; K JACOBY

EMERGENCY PREPAREDNESS IN THE EVENT OF SUSTAINED

ENERGY DISRUPTION

RESOLVED that:

(a) an amount of R4 895 000 funded from CRR: Emergency be provided in the draft 2015/16 capital budget for the acquisition of small generators (less than 50 kVA) in the 2015/16 financial year on the following WBS elements:

Vote Amount (R)

Health

CPX.0005856-F1

Transport for Cape Town

CPX.0005877-F1

Corporate Services

CPX.0005988-F1

Compliance and Auxiliary Services

CPX.0005879-F1

Safety and Security

CPX.0005916-F1

CPX.0005990-F1

Solid Waste

CPX.0005860-F1

Total

3 400 000

165 000

200 000

255 000

30 000

45 000

800 000

4 895 000

(b) an amount of R563 000 funded from CRR: Emergency be provided in the draft 2015/16 capital budget under WBS element

CPX.0005855-F1, Equipment: Additional for the acquisition of

900 ℓ double-door fridges, LogTags and cooler boxes in the

Health Directorate in the 2015/16 financial year

(c) an amount of R237 000 000 funded from CRR: Emergency be provided in the draft 2015/16 capital budget under WBS element

CPX.00005992-F1 for the acquisition and commissioning of large generators in the Water and Sanitation Department in 2015/16 financial year

(d) authority be granted to proceed with the capital acquisition of the items listed above

(e) an amount of R242 458 000 be set aside at the end of the financial year from accumulated surpluses to establish a Capital

Replacement Reserve: Emergency, which will be used to fund the proposed acquisition of large generators in the 2015/16 financial year

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(f) authority be granted to proceed with the one-off expenditure of

R350 000 for communications material, printing, etc. and that this expenditure be absorbed from salaries, wages and allowances slippage in the Communications and Marketing Department in the

2014/15 financial year

(g) the 2015/16 depreciation costs amounting to a possible maximum of R29 625 000 be absorbed in the Water and Sanitation

Department’s salaries, wages and allowances slippages during the 2015/16 mid-year adjustment budget

C 32F/05/15

(h) the future impact of the depreciation, insurance and maintenance cost, calculated to have an additional impact of 0,85% on the water and sanitation tariff, based on current parameters, be factored into the tariff during the 2016/17 tariff and modelling process.

ACTION: D HUGO; K JACOBY; A EBRAHIM

APPOINTMENT OF MEMBERS OF THE MUNICIPAL PLANNING

TRIBUNAL

Refer to item C 19/05/15 of the minutes for the resolution on this matter.

C 32G/05/15 PROPOSED CITY OF CAPE TOWN MEMBERSHIP OF THE WORLD

ENERGY CITIES PARTNERSHIP (WECP)

RESOLVED that:

(a) approval be granted for the City of Cape Town t o become a member of the World Energy Cities Partnership (WECP)

(b) an amount of R90 000 be approved in the 2014/15 financial year to cover the cost of the annual membership fee to be paid from cost centre 11080102

(c) an amount of R100 000 be approved and budgeted for in the

C 33/05/15

2015/16 financial year from the current allocation of the Strategy and Operations Department to cover the annual membership fee to be paid from cost centre 11080102

(d) an amount of R110 000 be approved and budgeted for in the

2016/17 financial year from the current allocation of the Strategy and Operations Department to cover the annual membership fee to be paid from cost centre 11080102.

ACTION: D VAN SCHALKWYK; C KESSON; A EBRAHIM

PROPOSED GRANTING OF IN-PRINCIPLE APPROVAL FOR THE

SALE OF CERTAIN PORTIONS OF LAND, AND THE GRANTING

OF RIGHTS TO USE, CONTROL AND MANAGE (LEASE) CERTAIN

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PORTIONS OF LAND FOR THE DEVELOPMENT OF RESIDENTIAL

OPPORTUNITIES, AN UNDERGROUND PARKING GARAGE,

RETAIL FACILITIES AND USES ANCILLARY TO THESE

FACILITIES ON PORTIONS OF ERF 468, A PORTION OF

REMAINDER ERF 148, A PORTION OF REMAINDER ERF 345, AND

A PORTION OF REMAINDER ERF 4, BY WAY OF A COMPETITIVE

TENDER PROCESS IN SUPPORT OF THE PROPOSED CLIFTON

PRECINCT UPGRADE PROJECT


In favour

Against

: 121

: 60

Abstentions : 3


The ANC and ACDP voted against the recommendation.

RESOLVED that, for the reasons set out in the report on the agenda, that:

(a) in terms of sections 14(2)(a) and (b) of the Municipal Finance

Management Act (MFMA), Act 56 of 2003, a portion of Erf 468, a portion of Remainder Erf 148 Clifton, a portion of Remainder

Erf 345 Clifton, and a portion of Remainder Erf 4 Camps Bay, be regarded as not being required for the provision of the minimum level of basic municipal services

(b) in terms of Regulation 5 and 34 of the Municipal Asset Transfer

Regulations (R.878, promulgated on 22/08/2008)(MATR)

Council authorizes in principle the disposal and the granting of rights to use, control or manage certain portions of land being a portion of Erf 468 Clifton, a portion of Remainder Erf 148 Clifton, portions of Remainder Erf 345 Clifton, and a portion of

Remainder Erf 4 Camps Bay, for the development of residential opportunities, an underground parking garage, retail facilities, and uses ancillary to these facilities, as well as the redevelopment of sports facilities

(c) a portion of Erf 468 Clifton, a portion of Remainder Erf 148

Clifton, a portion of Remainder Erf 345 Clifton, and a portion of

Remainder Erf 4 Camps Bay, be disposed of/leased by way of a public tender process, subject to conditions to be imposed by the Director: Property Management in the exercise of her delegated authority

(d) any gain or loss incurred by the municipality in respect of the transfer of an asset be included in the adjustment budget of the

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C 34/05/15

C 35/05/15 municipality (sections 28 and 87 of MFMA), if not budgeted for in the approved annual budget.

ACTION : A HUMAN, R GELDERBLOEM

PROPOSED GRANTING OF IN-PRINCIPLE APPROVAL FOR THE

DISPOSAL, BY WAY OF A CALL FOR ALTERNATIVE

PROPOSALS, OF ERF 32532, MITCHELLS PLAIN FOR THE

DEVELOPMENT OF A CHILD AND YOUTH CARE FACILITY

RESOLVED that:

(a) in terms of Section 14(2)(a) and (b) of the Municipal Finance

Management

Act (MFMA), Act 56 of 2003, Erf 32532, Mitchell’s

Plain, situated at Dambord Crescent (1 581 m² in extent), be regarded as not being required for the provision of the minimum level of basic municipal services

(b) in terms of Regulation 5(1)(b) of the Municipal Asset Transfer

Regulations (R.878, promulgated on 22/08/2008) (MATR),

Council approve in principle the disposal of Erf 32532, Mitchell’s

Plain, as described in (a) above

(c)

Erf 32532, Mitchell’s Plain be disposed of by way of a call for alternative proposals, subject to conditions that could be imposed by the Director: Property Management in the exercise of her delegated authority

(d) any gain or loss incurred by the municipality in respect of the transfer of an asset be included in the adjustment budget of the municipality (Sections 28 and 87 of the MFMA), if not budgeted for in the approved annual budget.


PROPOSED GRANTING OF AN IN-PRINCIPLE APPROVAL FOR

THE DISPOSAL, BY PUBLIC COMPETITION, OF VACANT ERVEN

779, 1207 AND 1208, KUILSRIVER FOR RESIDENTIAL PURPOSES

Alderman M Nieuwoudt, seconded by Councilor G March, proposed the following amendment of recommendation (d):

(d) that the pathway built across erven 1207 and 1208, kuils river be realigned and constructed to develop the two erven in a meaningful way and funded from the proceeds of the sale of the property.

The proposal was duly supported.

RESOLVED that:

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C 36/05/15

C 37/05/15

(a) in terms of section 14(2)(a) and (b) of the Municipal Finance

Management Act (MFMA), Act 56 of 2003:

(i) it be resolved that Erven 779, 1207 and 1208, Kuilsriver, zoned Single Residential 1: Conventional Housing be regarded as not being required for the provision of the minimum level of basic municipal services;

(ii) it be confirmed that the fair market value of the assets described in (a)(i) and the economic and community value to be received in exchange for the assets described in

(a)(i) have been considered.

(b) in terms of Regulation 5(1)(b) of the Municipal Asset Transfer

Regulations (R.878, promulgated on 22/08/2008) (MATR),

Council approve in principle the disposal of Erven 779, 1207 and 1208 Kuilsriver, as described in (a)(i) above

(c) Erven 779, 1207 and 1208, Kuilsriver, be disposed of by public competition, subject to conditions to be imposed by the Director:

Property Management in the exercise of her delegated authority

(d) the pathway built across erven 1207 and 1208, Kuils River, be realigned and constructed to develop the two erven in a meaningful way and funded from the proceeds of the sale of the property.

(e) any gain or loss incurred by the municipality in respect of the transfer of an asset be included on the adjustment budget of the municipality (Sections 28 and 87 of MFMA), if not budgeted for in the approved annual budget.


PROPOSED GRANTING OF AN IN-PRINCIPLE APPROVAL FOR

THE DISPOSAL, BY PUBLIC COMPETITION, OF VACANT ERVEN

13747 AND 13558, WESBANK AT BLUE DOWNS FOR BUSINESS

PURPOSES

This item was agreed to by the Whips of the various parties and was announced by the Speaker at the meeting of Council on 29 May 2015.

The minute is therefore reflected in the minute finalised for 29 May

2015.

PROPOSED LEASE OF CITY LAND BEING A PORTION OF ERF

56370, CAPE TOWN AT UPPER BEBINGTON AVENUE,

BISHOPSCOURT: MOBILE CONNECT LEASING

This item was agreed to by the Whips of the various parties and was

16


________________________________________________________________

C 38/05/15 announced by the Speaker at the meeting of Council on 29 May 2015.


2015.

PROPOSED FIVE-YEAR LEASE OF UNUTILISED PORTION OF

ERF 805, KHAYELITSHA TO WORLD FOCUS 1801 CC TO

DEVELOP AND OPERATE A GAS RETAIL BUSINESS

RESOLVED that Mr Nomlala’s objection be annulled and that the lease of a portion of Erf 805, situated in Khayelitsha, shown hatched and lettered ABCD and E on sketch LIS 1074v1 attached as Annexure

A to the report on the agenda, in extent approximately 1 000 m², to

World Focus 1801 CC, be approved, subject to inter alia the following conditions, that:

(a) a rental of R1 700.00 per month excluding VAT and rates escalating at 8% per annum be payable and be reviewed after five years

(b) the rental be compounded annually on a prop rata basis commencing 6 months from the date of the valuation.

Accordingly the above recommendation rental is to be adjusted as from 2015/01/01 i.e. (8% ÷ 12 x period x number of months after the 6 month period)

(c) the lease will be endured for a period of ten (10) years with a rental review after five (5) years

(d) the property is to be used for gas retail including associated business activities only

(e) World Focus 1801 CC must comply with all the necessary statutory requirements including conditions to be imposed by the Director: Property Management, in terms of her delegated authority

(f) World Focus 1801 CC will be responsible for the full cost of any new services or the upgrading of existing service connections including the development of the property

(g) no structure is to be constructed over any municipal service and that a servitude, with a minimum width of 3.0 m be registered over such a service at the full cost of the applicant

(h) no compensation will be payable for any improvement made to the property, with or without the consent of Council, should the lease be terminated for any reason whatsoever

(i) the refuse generated on the premises must be stored on the premises to the satisfaction of the Director: Solid Waste

17


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C 39/05/15

C 40/05/15

C 41/05/15

Management

(j) the applicant must be make use of all solid waste services and will be responsible for the clean-up of the area

(k) the lessee must refer to the Urban Design Policy 2013 in the preparation of development plans and must consult with the

Spatial Planning and Urban Design Department for guidance in respect of the location of the building and the interface with the public realm prior to the preparation of development plans

(l) the site development plan including access must also be submitted to the Transport for Cape Town directorate for approval

(m) any boundary fence must also be discussed with and approved by the Director: Property Management

(n) Council will not be held responsible for any damage to property within the leased area caused by a sewer bursting or by any necessary repairs or maintenance work.


PROPOSED SALE OF PUBLIC OPEN SPACE BEING A PORTION

OF ERF 800, BIG BAY: WATER'S EDGE BEACH HOME OWNERS

ASSOCIATION



2015.

PROPOSED LEASE OF A PUBLIC STREET, BEING A PORTION OF

ERF 83308, CAPE TOWN, ABUTTING ERF 107565, MAIN ROAD,

RETREAT: EVELYN PARK BODY CORPORATE



2015.

PROPOSED LEASE OF A PORTION OF A PUBLIC STREET, BEING

A PORTION OF ERF 131303 AND REMAINDER ERF 83207, CAPE

TOWN, ABUTTING ERF 131304, MAIN ROAD, STEENBERG: NIKI

SARIDAKIS



18


________________________________________________________________

C 42/05/15

C 43/05/15

C 44/05/15

2015.

PROPOSED LEASE OVER A PORTION OF PUBLIC STREET,

ABUTTING ERF 74154, CONSTANTIA ROAD, PLUMSTEAD:

COURTLEIGH MANSIONS BODY CORPORATE



2015.

PROPOSED DEMOLITION OF BUILDINGS SITUATED ON ERF

52432 AT 124 - 128 LANSDOWNE ROAD, CLAREMONT


In favour : 127

Against : 55

Abstentions : 4


RESOLVED that:

(a) condonation and ratification be granted for approval in-principal in terms of regulation 5(1)(b)(ii)(MATR), together with the final approval in terms of recommendation (c) below

(b) in terms of section 14 of the Local Government Municipal

Finance Management Act, Act. 56 of 2003, the property is not required to provide the minimum level of basic municipal services

(c) for the reasons as set out in the report on the agenda, approval be granted for disposal by way of demolition of the property situated on Erf 52432, 124-128, Lansdowne Road, Claremont.

ACTION : R SCHNACKENBERG, R GELDERBLOEM

PROPOSED SALE BY PUBLIC COMPETITION OF VACANT ERVEN

2486 TO 2492 (UNREGISTERED ERVEN OF ERF 2399,

SCOTTSDENE), SITUATED AT ALICIA CRESCENT AND JUANITA

ROAD, SCOTTSDENE, ZONED GENERAL RESIDENTIAL

SUBZONE 1: GROUP HOUSING (GR1)

Alderman M Nieuwoudt, seconded by Councilor G March, proposed the following amendment:

Amendment of the recommendation on page 25 to also include the

19


________________________________________________________________ recommendations of the subcouncil on page 48:

(f) that the intersections next to the listed properties be assessed for traffic calming in light of the foreseen densification

(g) that the approved traffic calming measures be implemented at the cost of the developer

(h) that the densification of the listed properties only allow group housing and no flats.

At this point in the meeting the Council adjourned for a ten minute DA caucus at the request of the party Whip.

After the adjournment the proposal was put and duly supported.

RESOLVED that:

(a) in terms of the provisions of the Local Government: Municipal

Finance Management Act (MFMA), Act 56 of 2003, and in terms of section 14(2)(a) and (b) of the MFMA, vacant erven 2486 to

2492 (unregistered erven of erf 2399, Scottsdene), in total extent 2 563m², situated at Alicia Crescent and Juanita Road,

Scottsdene, be regarded as not required for the provision of the minimum level of basic municipal services

(b) it be confirmed that the fair market value of the assets described in (a) above and the economic and community value to be received in exchange for the assets have been considered

(c) in terms of regulation 5(1)(b) of the Municipal Asset Transfer

Regulations (MATR), R. 878, promulgated on 22 August 2008,

Council approve in-principle the disposal of the erven as described in (a) above

(d) erven 2486 to 2492, Scottsdene, be disposed of by public competition, subject to conditions to be imposed by the Director:

Property Management in the exercise of her delegated authority

(e) any gain or loss incurred by the municipality in respect of the transfer of the assets be included in the adjustment budget of the municipality (section 28 and 87 of MFMA) if not budgeted for the approved annual budget.

(f) that the intersections next to the listed properties be assessed for traffic calming in light of the foreseen densification

(g) that the approved traffic calming measures be implemented at the cost of the developer

20


________________________________________________________________

C 45/05/15

C 46/05/15

(h) that the densification of the listed properties only allow group housing and no flats.



148968 AND 148969 (UNREGISTERED PORTIONS OF

REMAINDER ERF 100671), SITUATED AT HEIDEVELD AND

ASCENSION ROADS, HEIDEVELD, ZONED GENERAL BUSINESS

1 (GB1)



2015.


12614, 12970, 19334 AND 31716 DELFT, ZONED COMMUNITY

ZONE 1 (CO1)

RESOLVED that:

(a) in terms of the provisions of the Local Government Municipal

Finance Management Act (MFMA), Act 56 of 2003, and in terms of section 14(2)(a) and (b) of the MFMA, vacant erven 12614,

12970, 19334 and 31716, Delft, situated at Rossini Street,

Auber Avenue, Jan Dissels Street and Owen Madikane Street,

Delft, respectively, be regarded as not required for the provision of the minimum level of basic municipal services

(b) it be confirmed that the fair market value of the assets described in (a) above and the economic and community value to be received in exchange for the assets have been considered



Council approve in principle of the disposal of the erven as described in (a) above

(d) erven 12614, 12970, 19334 and 31716, Delft be disposed of by public competition, subject to conditions to be imposed by the

Director: Property Management in the exercise of her delegated authority

(e) any gain or loss incurred by the municipality in respect of the transfer of the assets be included in the adjustment budget of the municipality (section 28 and 87 of MFMA), if not budgeted for in the approved annual budget

21


________________________________________________________________

C 47/05/15

(f) it be confirmed that, in considering the alienation of the properties at less than market value, as provided for in terms of

Clause 15.3 of Council's Policy on the Management of Certain of the City of Cape Town's Immovable Property, the contents of

Regulation 13(2) of the Municipal Asset Transfer Regulations

(MATR) have been duly taken into consideration.


At this point of the meeting, the time being 13h50, the Mayor requested permission to leave and, in the absence of the Deputy

Mayor, appointed Alderman V Walker to act as Mayor, at the

Council meeting, with full delegated powers.

PROPOSED CLOSURE AND SALE BY PUBLIC COMPETITION OF

VACANT ERF 10248 (UNREGISTERED PORTION OF ERF 3625),

SITUATED AT FERNDALE STREET, BRACKENFELL, ZONED

OPEN SPACE ZONE 2 (OS2)

Alderman M Nieuwoudt, seconded by Councilor G March, proposed the following amendment:

Amendment of the recommendation to also include the subcouncil’s input, as contained in Annexure D, p 122:

(f) that the request of the objector not to allow the development of flats be upheld and that the disposal by public competition of erf

10248 Brackenfell, in extent approximately 7

410 m², for the development of group housing, be approved

(g) that it be acknowledged that this property was identified by City

Parks as part of Ward 8 parks plan and that 10% of the income derived from the alienation thereof will need to go to the capital development of a park in the same area, namely Olympus Park.


RESOLVED that:

(a) in terms of the provisions of the Local Government: Municipal

Finance Management Act (MFMA), Act 56 of 2003, and in terms of section 14(2)(a) and (b) of the MFMA, vacant erf 10248

(unregistered portion of Erf 3625), situated at Ferndale Street,

Brackenfell, be regarded as not required for the provision of the minimum level of basic municipal services

(b) it be confirmed that the fair market value of the asset described in (a) and the economic and community value to be received in exchange for the asset have been considered

22


________________________________________________________________

C 48/05/15

C 49/05/15



Council approve in-principle the disposal of the erf as described in (a) above

(d) erf 10248, Brackenfell, be disposed of by public competition, subject to the conditions to be imposed by the Director: Property

Management in the exercise of her delegated authority

(e) any gain or less incurred by the municipality in respect of the transfer of the asset be included in the adjustment budget of the municipality (section 28 and 87 of MFMA), if not budgeted for in the approved annual budget.

(f) that the request of the objector not to allow the development of flats be upheld and that the disposal by public competition of erf

10248 Brackenfell, in extent approximately 7 410 m², for the development of group housing, be approved

(g) that it be acknowledged that this property was identified by City

Parks as part of Ward 8 parks plan and that 10% of the income derived from the alienation thereof will need to go to the capital development of a park in the same area, namely Olympus Park.


PROPOSED SALE BY PUBLIC COMPETITION OR LIMITED BIDS

OF VACANT ERVEN 11119, 11124 AND 11174, SITUATED AT

GOURMAND AND GREEN STREETS, SCOTTSVILLE,

KRAAIFONTEIN, ZONED SINGLE RESIDENTIAL ZONE 1 (SR1)



2015.

PROPOSED CLOSURE AND SALE BY PUBLIC COMPETITION OF

VACANT VIABLE LAND BEING ERVEN 8499, (22187 AND 22188 -

UNREGISTERED PORTIONS OF ERF 8500), HAMILTON STREET,

GOODWOOD AND ERVEN 8610, 8611, 8612 AND 8614, ASTRA

AVENUE, ELSIESRIVER



2015.

23


________________________________________________________________

C 50/05/15 AUTHORISATION TO COMMENCE WITH A PUBLIC

PARTICIPATION PROCESS IN TERMS OF THE MUNICIPAL ASSET

TRANSFER REGULATIONS (MATR) FOR THE INTENDED

DISPOSAL OF ERF 20907, OLIENHOUT AVENUE, PLATTEKLOOF,

PAROW

Councillor I Pretorius proposed that the heading and recommendation be amended to indicate that the property was in Olienhout Avenue,

Plattekloof, in Parow.

C 51/05/15


RESOLVED that, in terms of Regulation 5(3)(a) of the Municipal Asset

Transfer Regulations (MATR) (R. 878), promulgated on 22 August

2008, Council authorises the public participation process for the intended disposal of Erf 20907, Olienhout Avenue, Plattekloof, Parow.


2014/15 SUBCOUNCIL WARD ALLOCATION PROJECTS:

QUARTERLY PROGRESS REPORT FOR THE PERIOD ENDING 31

MARCH 2015



2015.

C 51A/05/15 REPORT IN TERMS OF REGULATION 36 OF THE SUPPLY CHAIN

MANAGEMENT REGULATIONS AND PARAGRAPH 311 OF THE

SUPPLY CHAIN MANAGEMENT POLICY, FOR APRIL 2015

RESOLVED that the matters as authorised by the City Manager in terms of regulation 36 of the Supply Chain Management Regulations and paragraph 311 of the Supply Chain Management Policy, for April

2015 attached as Annexure A to the report on the agenda, be noted by

Council and be included as a note to the Council's annual financial statements.

ACTION: A VORSTER, A EBRAHIM

C 51B/05/15 REPORT OF THE CITY OF CAPE TOWN'S PERFORMANCE AUDIT

COMMITTEE ON THE CITY'S PERFORMANCE MANAGEMENT

SYSTEM FOR THE PERIOD 1 JULY 2014 TO 31 DECEMBER 2014

AS REQUIRED BY REGULATION 14 OF THE MUNICIPAL

PLANNING AND PERFORMANCE MANAGEMENT REGULATIONS

RESOLVED that the Performance Audit Committee's activities relating to their advisory role as the City's Performance Audit Committee for the period 1 July 2014 to 31 December 2014, be noted.

24

ROW, BY PUBLIC COMPETITION


________________________________________________________________

ACTION: L NDABA, V BOTTO; G RAS

C 51C/05/15 QUARTERLY REPORT OF THE AUDIT COMMITTEE

CHAIRPERSON FOR THE QUARTER ENDED 31 DECEMBER 2014

RESOLVED that the quarterly report of the Audit Committee

Chairperson for the quarter ended 31 December 2014, be noted.

ACTION: V BOTTO; G RAS

C 51D/05/15 STATUS REPORT ON THE MAYOR'S SPECIAL FUND: MFMA

SECTION 12 FUND: PERIOD ENDING 31 MARCH 2015

RESOLVED that, in terms of the requirement set out in the policy relating to the Mayor's Special Fund as adopted on 28 September

2011, the report by the Executive Mayor setting out the withdrawals, beneficiaries and donations received, for the period ending 31 March 2015, be noted.

ACTION: M MATTHEWS, C KESSON; A EBRAHIM

C 51E/05/15 RESOLUTIONS TAKEN BY THE EXECUTIVE MAYOR IN TERMS

OF DELEGATED POWERS AND DECISIONS TAKEN TOGETHER

WITH THE MEMBERS OF THE MAYORAL COMMITTEE: APRIL

2015

RESOLVED that the resolutions taken by the Executive Mayor in terms of delegated powers for the month of April 2015, be noted.

ACTION: R RAZACK, S ABEL, G JOSEPHS, G KENHARDT

C 51F/05/15 STADIUM PROGRESS REPORT: ESTABLISHMENT OF A

MUNICIPAL ENTITY AS THE PREFERRED MANAGEMENT MODEL

FOR THE CAPE TOWN STADIUM

RESOLVED that the report on the progress made with regard to the establishment of a Municipal Entity to manage the Cape Town

Stadium, be noted.

ACTION: L DE REUCK, A GROENEWALD

C 51G/05/15 OFFICIAL COUNCIL RECESS: 26 JUNE 2015 TO 20 JULY 2015



2015.

C 52/05/15 QUESTIONS RECEIVED FROM CLLR A FOURIE

25


________________________________________________________________

C 53/05/15

C 54/05/15

C 55/05/15

C 56/05/15

The questions, as reflected on page 001 of volume 5 of the agenda, were posed by Councillor A Fourie (FF+) and related to continued attacks on road users who make use of the N2 one of the main access routes to the city centre, in the vicinity of Cape Town and the Cape

Town International Airport.

The Executive Mayor’s response as set out on page 002 of volume 5 of the agenda was noted.

QUESTIONS RECEIVED FROM CLLR P HEYNES

The questions, as reflected on page 003 of volume 5 of the agenda, were posed by Councillor P Heynes and related to issues in respect of the Rondevlei PHP Housing Project.

Councillor Heynes put a follow up question to the Acting Mayor.

The Acting Mayor said that it would be appropriate, in the absence of the Mayor, for any follow up questions to be submitted in writing to the

Mayor.

QUESTIONS RECEIVED FROM CLLR P HEYNES

The questions, as reflected on page 005 of volume 5 of the agenda, were posed by Councillor P Heynes and related to disputes about the types of houses Garden Cities plan on building in Fisantekraal.


Mayor.

QUESTIONS RECEIVED FROM CLLR J THUYNSMA

The questions, as reflected on page 008 of volume 5 of the agenda, were posed by Councillor J Thuynsma and related to City of Cape

Town involvement with CF Projects Cape (Pty) Ltd trading as Filcon.


Mayor.



Town involvement with Robdyl Builders and/or Robdyl Builders and

Renovators (Robdyl) and/or Rollen (Roland) “Watson” Olince. The question also referred to issues related to the arrests and convictions of gang members.

26


________________________________________________________________

C 57/05/15

C 58/05/15

C 59/05/15

C 60/05/15


Mayor.



Town contracts involving the firm Haw and Inglis.


Mayor.

QUESTIONS RECEIVED FROM CLLR M NQULWANA

The questions, as reflected on page 014 of volume 5 of the agenda, were posed by Councillor M Nqulwana and related to a community of fire victims of BM that are settled in a TRA near O R Tambo Hall and about City of Cape Town responses to a community memorandum.


Mayor.

QUESTION RECEIVED FROM CLLR M NQULWANA

The question, as reflected on page 016 of volume 5 of the agenda, was posed by Councillor M Nqulwana and related to a decision about a visit by the Mayor to the Solomon Mahlangu area and about the

VPUU being part of the area.


Mayor.

QUESTIONS RECEIVED FROM CLLR A FOURIE

The questions posed by Councillor A Fourie at Council on 30 April

2015 were held over by Council to the 2 June 2015 meeting of Council, to be addressed by the Executive Mayor in light of an anomaly as reflected on page 018 of volume 5, as referred to by Councillor Fourie, in respect of certain aspects of the Mayors answers to the questions.


Mayor.

27


________________________________________________________________

THE MEETING CONCLUDED AT 15:50

……………………………….

ALD D SMIT

CHAIRPERSON

…………………….

DATE

28

Council Minutes Continuation of Adjourned Meeting 2 June 2015 (Draft)

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