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 * * * * *