ADMINISTRATIVE REPORT

                                           Dated July 8, 1997
                                           CC File: 3130/1203

   TO:       Vancouver City Council

   FROM:     Director of Cultural Affairs

   SUBJECT:  Amendment, Aoki Public Art Agreement


   RECOMMENDATION

        THAT City Council approve amendment of Aoki Corporation's public
        art agreement to enable the developer to pursue an Option C public
        art program, noting that no legal relations are created hereby and
        none shall arise until an agreement incorporating the terms
        hereinafter set forth (Appendix A) and otherwise drawn to the
        satisfaction of the Director of Legal Services is executed by the
        developer and the City.


   GENERAL MANAGER'S COMMENTS

        The General Manager of Community Services RECOMMENDS approval of
        the foregoing.


   COUNCIL POLICY

   The Public Art Program provides three options for private development:

        Option A: developer's art plan reviewed by staff and the Public Art
                  Committee, with art selection by independent panel
                  process.  

        Option B: developer pays cash in lieu of public art to the City
                  Public Art Reserve.  

        Option C: developer allocates 60% of public art funds to art on
                  private lands, without  public process or public art
                  committee review.  The funds remaining are paid to the
                  public art reserve.  


   PURPOSE

   This report recommends amendment of Aoki Corporation's agreement to
   permit an Option C art program at the Bayshore development.  


   BACKGROUND

   A public art contribution from Aoki Corporation's Bayshore development
   was identified in 1990.  Aoki's public art agreement was set in 1993,
   before Option C was available.  The agreement was amended in 1995 to
   accommodate a late start to the Bayshore public art process.  Aoki seeks
   further amendment, to permit an Option C process.  

   Option C was provided in 1994 for developers who did not want to select
   public art by means of a public process (Option A), or to pay 100% cash
   in lieu of public art (Option B).  Under Option C, the developer
   allocates up to 60% of the art budget to private-site public art, and a
   minimum of 40% to the City Public Art General Reserve.  


   DISCUSSION

   Despite reservations about the public participation required, Aoki began
   an Option A process for lands fronting Georgia St. in 1996.  Aoki
   abandoned that process after rejecting the selection panel's recommended
   art work and its alternate recommendation, that the artist work with the
   project design team to prepare other art works.  

   Under Option A, the Aoki Corporation has the right to reject art work
   recommended by its selection panel for development lands.  Staff and the
   Public Art Committee regret the developer's abandonment of the process
   and unwillingness to accept the selection panel's alternate
   recommendation.  But in the circumstances, staff support Aoki's request.


   Aoki was then advised its choices were as follows:

   1. to re-start the Option A process and issue a new artist call.
   2. to pay 100% cash in lieu (Option B) to the City. 
   3. to seek Council amendment of the legal agreement, enabling         an
   Option C program.

   Aoki requests that Council amend the agreement to permit an Option C
   program.  

   The Director of legal Services advises that, subject to Council s
   response to Aoki's request, the City will enter a new agreement with the
   developer along the lines set out in Appendix "A".


   REPORT BACK 

   When Option C was adopted 1994, Council requested a review and report
   back in 1996 on its implementation.  No Option C program has yet been
   implemented, and staff will report back at a later date.  
   APPENDIX A on file in City Clerk's Office

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