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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