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AGENDA ATTACHMENTS

E nga mana, E nga reo,

E nga rau rangatira ma o tenei rohe o te kaunihera o Akarana,

Tena koutou, Tena koutou, Tena tatou katoa

"Celebrating Maori Language Week"

23 July - 27 July 2007

I hereby give notice that a meeting of the

ARTS, CULTURE AND RECREATION COMMITTEE

will be held as follows:

Members:

Ex Officio:

1. APOLOGIES

   At the close of the agenda no apologies had been received.

2. CONFIRMATION OF MINUTES

   The minutes of the Arts, Culture and Recreation Committee meeting held on Monday, 9 July 2007, the minutes of the extraordinary joint meeting of the Arts, Culture and Recreation and the Economic Development and Sustainable Business Committees held on Monday, 9 July 2007, and the minutes of the joint Arts, Culture and Recreation and the Environment, Heritage and Urban Form Committees held on Monday, 16 July 2007 to be confirmed as a true and correct record.

3. EXTRAORDINARY BUSINESS

   Section 46A(7) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
   "An item that is not on the agenda for a meeting may be dealt with at that meeting if-
   (a)	The local authority by resolution so decides; and
   (b)	The presiding member explains at the meeting at a time when it is open to the public,-
   	(i)	The reason why the item is not on the agenda; and
   	(ii)	The reason why the discussion of the item cannot be delayed until a subsequent meeting."
   Section 46A(7A) of the Local Government Official Information and Meetings Act 1987 (as amended) states:
   "Where an item is not on the agenda for a meeting,-
   (a)	That item may be discussed at that meeting if-
   	(i)	That item is a minor matter relating to the general business of the local authority; and
   	(ii)	The presiding member explains at the beginning of the meeting, at a time when it is open to the public, that the item will be discussed at the meeting; but
   (b)	no resolution, decision, or recommendation may be made in respect of that item except to refer that item to a subsequent meeting of the local authority for further discussion."

4. PUBLIC FORUM

   A period of time (approximately 20 minutes) is set aside for members of the public to address the meeting on matters within its delegated authority. A maximum of 5 minutes per item is allowed, following which there may be questions from members.

   At the close of the agenda no requests to speak had been received.

5. REPORTS REQUESTED/PENDING

   J Chisholm
   Democracy Advisor	25 July 2007

   Advising of reports requested/pending.

   Recommending that the Reports Requested/Pending report of the Democracy Advisor, dated 25 July 2007, be received.

   [ATTACHMENT 5]

   Pages 1-2

6. PETITIONS

   6.1. PETITION REGARDING PONSONBY ROAD STREET TRADING - 11.00PM OUTDOOR SEATING CLOSURE

   J Chisholm
   Democracy Advisor	26 July 2007

   Luke Dallow, Director Chapel Bar and Bistro and Chris Rupe, Director SPQR Café and Bar, presented a petition to the Committee containing 4090 signatures with the following prayer:

   "We the undersigned as patrons of restaurants and bars along Ponsonby Road object to the Council's proposal to restrict street trading permits in the area by banning seating on the street outside restaurants and bars on Ponsonby Road after 11:00pm each evening, and ask that the Council reconsider the matter and extend the time to 1:00am the following morning which is in keeping with the permits granted restaurants in the downtown Auckland area."

   It is noted that this petition was instigated prior to commencement of workshops regarding the Street Trading Policy with key stakeholders.  An update on the progress of this policy is included as item 8 on this agenda. A full copy of this petition is available from the Democracy Advisor.

   Recommending that Luke Dallow, Director Chapel Bar and Bistro and Chris Rupe, Director SPQR Café and Bar, be thanked for their petition regarding Ponsonby Road Street Trading - 11.00pm Outdoor Seating Closure, containing 4090 signatures, and that the petition be received.

7. PARKS PLAN

   R Eaton
   Manager Streets and Open Space Design, ACR Policy	19 July 2007

   Reporting on the Parks Plan - Council's plan for the future protection, management and development of the parks and greens spaces on the isthmus. Aligned to the Long Term Council Community Plan (LTCCP) 2006-2016, the plan sets out how the council intends to develop and manage the city's parks over the next 10 years, and is one of a suite of six action plans which are being developed as part of 'Our Collective Taonga: Places for People, Places for Nature' - council's overarching strategic framework for Auckland's open space network. Wider stakeholder consultation, including public feedback, ran from 6 May - 15 June 2007, and was undertaken in tandem with the draft 'Our Collective Taonga: Places for People, Places for Nature' and draft Urban Forest Plan.

   Recommending the Committee endorse the final Parks Plan.

   [ATTACHMENT 7]

   Pages 3-46

8. DRAFT STREET TRADING POLICY UPDATE

   A Dobbie
   Group Manager, ACR Policy	19 July 2007

   Reporting on the development of a draft street trading policy to manage the use of the city's streets by commercial operators. Work to date includes a series of workshops with community boards and key businesses to ascertain views on street trading in Auckland and to test the key objectives officers have identified for inclusion in the draft policy. The draft street trading policy sits within the strategic context of the proposed streets and town centres plan, the development of which has been prioritised for 2007/2008. Officers are seeking the support of this Committee to finalise the street trading policy following the development of the proposed streets and town centres plan, which will enable officers to closely align the draft street trading policy with the streets and town centres plan and to undertake a joint consultation process. It is anticipated taking this approach will result in the final draft street trading policy being reported to this Committee later in 2007/2008.

   Recommending that the Committee support the development of the street trading policy as part of the proposed streets and town centres plan prioritised for 2007/2008, and that in the interim, Auckland City Environments maintains ongoing enforcement and monitoring of street trading license compliance, as mandated by Part 23 of the consolidated bylaw 1998 - Trading in Streets and Public Places.

   [ATTACHMENT 8]

   Pages 47-52

9. MONTE CECILIA PARK MASTER PLAN

   H Kerr
   Senior Landscape Architect	24 July 2007

   Reporting on the results of public and stakeholder consultation on the draft master plan for Monte Cecilia Park, and seeking the committee's approval for the final master plan. Support is also sought for completion of a cultural demand study to develop the concept of a visual arts centre and café/restaurant component in Pah Homestead, and that an accelerated programme for homestead restoration within a 3-year timeframe be endorsed to enable continuation of urgent restoration work and address deterioration and fire risk issues, subject to delegated approval for bringing LTCCP funding forward and obtaining relevant consents.

   This report was presented to the Mt Roskill Community Board meeting held on 17 July 2007, where it was resolved, inter alia:

   1. "That the final master plan for Monte Cecilia Park be endorsed and recommended for approval by the Arts Culture and Recreation Committee.
   2. That the Board endorse a cultural demand study to develop the concept of a visual arts centre and café/ restaurant component in Pah homestead to be commenced in 2007 in general accordance with the outline brief, subject to funding approval.
   3. That an accelerated programme for homestead restoration within a 3 year timeframe be endorsed, subject to delegated approval for bringing LTCCP funding forward and obtaining relevant consents.
   4. That the proposed staged priorities for park planning, design and development be endorsed for the first 3 years commencing 2007/ 08 financial year."

   Recommending the final master plan for Monte Cecilia Park be approved, that the committee supports a cultural demand study to develop the concept of a visual arts centre and café/restaurant component in Pah Homestead, that an accelerated programme for homestead restoration within a 3-year timeframe be endorsed (subject to delegated approval to bring forward LTCCP funding), and that the proposed staged priorities for park development be endorsed for the first 3 years commencing 2007/2008 financial year, including planning, design and implementation for access improvements and garden restoration.

   [ATTACHMENT 9]

   Pages 53-111

10. STREET PERFORMANCE POLICY

    S Glen
    Arts Planner, ACR Policy Group	17 July 2007

    Reporting on the final Street Performance Policy, developed to encourage diverse, high quality street performance in Auckland City's public spaces, and aims to provide a balanced approach to the management of street performance in the city in a way that is not over-regulated but allows council to appropriately manage the needs of all CBD users. Public consultation on the draft policy was undertaken during April 2007 following approval by this committee, and the final policy has been refined in response to feedback received through the consultation process.

    Recommending the committee adopt the Street Performance Policy, noting implementation of the policy will be timed to coincide with the relevant amended or new Bylaw.

    [ATTACHMENT 10]

    Pages 112-135

11. ARTS PARTNERSHIPS PERFORMANCE REVIEWS 2006

    L Civil
    Manager, Arts Policy	17 July 2007

    Reporting on the performance reviews of the Auckland Theatre Company (ATC) and the New Zealand Opera (NZO) for the year 2006. In February 2006 a three year funding agreement with Auckland Theatre Company, from 2006/2007 through to 2008/2009 was approved by this Committee. At that time an extra $20,000 was allocated to the grant from the Arts Policy budget, bringing ATC's total annual grant to $105,000. For the New Zealand Opera, 2006 was the third year of a three year funding agreement with Auckland City for $75,000. Overall, ATC and NZO have successfully met all of their annual performance review requirements. They continue to provide an outstanding service to the city, bringing considerable economic and social benefits to the people of Auckland and form a vital part of the performing arts infrastructure.

    Recommending that the Committee note the Auckland Theatre Company and the New Zealand Opera have successfully met all of their annual performance review requirements, that the funding agreement with New Zealand Opera is extended for one year and payment of a grant of $75,000 for 2007/2008 is made, and that payment of a grant of $105,000 be made to Auckland Theatre Company for 2007/2008, which is year two of a three year funding agreement.

    [ATTACHMENT 11]

    Pages 136-143

12. AUCKLAND PHILHARMONIA ORCHESTRA 2006 PERFORMANCE REVIEW

    L Civil
    Manager, Arts Policy	19 July 2007

    Reporting on the performance of the Auckland Philharmonia Orchestra (APO) against the key performance indicators in its 2006/2007 funding agreement. As part of the funding agreement with Auckland City Council, the APO provides a number of free public concerts (to a value of $60,000) and also allows community groups to offset fees to hire the APO for their own events (to a value of $20,000). As part of an audience development strategy, the APO is presenting several of its concerts in the Aotea Centre's ASB Theatre. With new management and structures in place, the APO is performing well in a number of areas. Programming choices and marketing have been refined, with reviews of all the concert series now completed. Overall, the APO have fulfilled their annual performance review requirements for Auckland City Council, and they provide a valuable service as one of the city's flagship arts organisations.

    Recommending that the Committee approve total funding of the APO for 2007/2008 to $500,000, comprised of a grant payment of $300,000 and $200,000 to be used to off-set against venue hire charges at The EDGE, and that the Chair of this Committee and the General Manager, Arts, Community and Recreation, be delegated to approve the orchestra hires and free concerts for 2007/2008 to a value of $60,000 for the free concerts and $20,000 for the hires, as amendments to the funding contract.

    [ATTACHMENT 12]

    Pages 144-151

13. PASIFIKA FESTIVAL 2007 REVIEW  

    P Leiser
    Manager, Festivals and Community Events	23 July 2007

    Reporting on the Pasifika Festival 2007, which was held over two days in March and attracted over 225,000 people. A series of improvements and changes were made to the 2007 festival to deliver a better experience for event patrons and stakeholders, which included the recruitment of a full-time Festival Director, inclusion of more interactive activities within villages, working closer with environmental health officers to improve understanding of health and food safety in the Pasifika community and the relocation of the stage from the stadium to the sports field. Auckland City secured a strong group of sponsors, funding bodies and supporters generating over $400,000 of revenue, a record level of sponsorship for the festival. Stall fees raised a further $130,000. As a result, 75 percent of the event was funded by externally generated revenue, with council's contribution totalling $170,000 - 25 percent of the total event cost.

    Recommending that the report of the Manager, Festivals and Community Events, dated 23 July 2007, be received.

    [ATTACHMENT 13]

    Pages 152-159

14. AUCKLAND TENNIS/NGCA - PROPOSED AUCKLAND DOMAIN (AUCKLAND TENNIS) AMENDMENT BILL 2007

    L Redshaw
    Manager, Partnerships and Funding	12 July 2007

    Reporting on the development of draft legislation that would enable an amendment to be made to the Auckland Domain Act 1987 that would allow Auckland Tennis to undertake a redevelopment of the Stanley Street site, located within the Auckland Domain. Specifically, it would allow for the addressing of irregularities around the land actually leased, lengthening of the term of the lease available to Auckland Tennis from Auckland City Council, and enable Auckland Tennis to sub-lease part of the site to find a third party to facilitate the redevelopment of the aging Auckland Tennis site. It is proposed to commence the formal notification process on about 21 September 2007 and for the bill to be forwarded to parliament in early November 2007. If the bill follows the normal timeframe it is anticipated that it could be enacted by August/September 2008.

    Recommending that the Committee recommend that the Economic and Sustainable Business Committee approves the promotion of the Local Bill entitled the Auckland Domain (Auckland Tennis) Amendment Bill 2007 to enable the redevelopment of the Auckland Tennis Incorporated site located within the Auckland Domain (72 Stanley Street, Auckland); that the Committee specifically notes that the bill is being promoted at the request of Auckland Tennis incorporated to specifically address irregularities in the Auckland Domain Act 1987 relating to the land occupied and used by Auckland Tennis Incorporated; allow Auckland City Council to lease the site at 72 Stanley Street, Auckland to Auckland Tennis Incorporated for a term of up to 50 years; and for Auckland Tennis Incorporated to be able to seek consent from Auckland City Council to sublease the site (or part thereof) to a third party; and that the Committee note that Auckland Tennis Incorporated has entered into an agreement to reimburse Auckland City for costs incurred in respect of seeking the amending legislation to the Auckland Domain Act 1987 and any subsequent costs associated with approving a new lease and/or sub-lease.

    [ATTACHMENT 14]

    Pages 160-171

15. COMMUNITY LOANS

    L Redshaw
    Manager, Partnerships and Funding	2 July 2007

    Reporting on the operation of a community loans pool by Auckland City Council which assists organisations of various sizes by providing loans at competitive interest rates to allow them to develop their facilities. Although no loans have ever been written off due to non-payment, there are a number loans on which there are neither interest nor principle repayments being made, or if they are, they are at such low levels the loans will take many years longer than ever planned to be repaid. Of all the organisations that have non-performing loans, however, all are still in existence and are trading to varying degrees. In 2005, the Community Loans Policy was updated and adopted, the significant changes being in the areas of minimum loan amounts, the introduction of tiers of loans, extended terms of loans and flexibility regarding terms and conditions, including restructuring arrangements if needed.

    Councillors have requested officers to report on those loans that are not making repayments or where the borrower is experiencing difficulties making repayments, and to provide suggestions on how these issues can be addressed. Currently, all loans are being administered by officers in accordance with the specific resolutions of Council relating to the loan or within the guidelines of the Community Loans policy 2005. Therefore, officers are of the opinion that the current loan schemes are being very well managed and do not warrant any action being taken to change the current arrangements.

    Recommending that the Committee endorses the principles of the Community Loans Policy 2005, including the guidelines regarding administration of the loans and notes that no changes are required to the manner in which the loans are handled.

    [ATTACHMENT 15]

    Pages 172-176

16. TRESPASS NOTIFICATION - ARCH HILL RESERVE AND NIXON PARK

    M Gallagher
    Sports Parks Officer	21 June 2007

    Attaching a memorandum regarding a request from NZ Police for authority to act on behalf of Auckland City in order to address issues caused by an individual who has been sleeping in Arch Hill Reserve. This individual has been charged and convicted of a number of offences including disorder and offensive behaviour. Police are concerned that his behaviour has continued over many months and is tending to become more serious in nature.

    Recommending that the memorandum from the Sports Parks Officer, dated 21 June 2007, regarding trespass authority for Arch Hill Reserve and Nixon Park, be received.

    [ATTACHMENT 16]

    Pages 177-178

17. GRANT OF A NEW/NEWLEASE -- OTHERWORLD PRODUCTIONS INCORPORATED, OLD BLACKPOOL SCHOOL LIBRARY, WAIHEKE

    L Butterworth
    Lease Officer	16 May 2007

    Reporting on the proposed leasing of the Old Blackpool School Library, Nikau Road, Blackpool Park, Waiheke Island, to Otherworld Productions Incorporated. The Lions Club of Waiheke previously occupied the Old Blackpool School Library building, and the building became available to lease to another community group after the Lions Club dissolved in 2006. After assessing the applications, it has been determined that Otherworld Productions Incorporated is the most suitable lessee, based on the suitability of the facility for Otherworld Productions Inc.; their positive assessment against the criteria outlined in the lease policy - including their proven track record of accomplishment in the community and ability to source funds; the group's ability to expand their current services within the community; and the group's extensive hours of use of the facility.

    This report was presented to the 25 July 2007 Waiheke Community Board meeting, where it was resolved, inter alia, as follows:

    1. "That the Arts, Culture and Recreation Committee approve the following:

       That a new lease be granted to Otherworld Productions Incorporated for the old Blackpool School Library Building, Nikau Road, Blackpool Park, Waiheke on the following terms and conditions:

       1. Term - 5 years commencing 1 May 2007
       2. Rights of Renewal - Two rights of renewal each of five years
       3. Rent - $500.00 plus GST per annum
       4. Insurance - All contents insurance including public liability
       5. All other terms and conditions per Council's Community and Recreation Lease Policy
       6. In order to ensure the old Blackpool School Library building is kept in active usage, an annual review of the lease be undertaken by officers and a report provided to the Waiheke Community Board. The report to include membership numbers of the group, activities being undertaken in the building, a comparison of usage with what was outlined in the lease application from Otherworld Productions.
       7. In the event that these annual reports show significant discrepancies or the building is not being kept in active usage the Council retain their right to terminate the lease.
    2. That the correspondence from Kelly Bickerton dated 17 July 2007 of the Waiheke Island Toy Library, confirming that they do not wish to pursue a shared lease at the Blackpool School Library, be received.
    3. That officers investigate the provision of a child proof gate at the old Surfdale Post Office building in order to ensure more friendly use for the Toy Library function.

    Recommending that the Committee approve the grant of a new lease to Otherworld Productions Incorporated for the Old Blackpool School Library building, Nikau Road, Blackpool Park, Waiheke, on a five year term commencing 1 May 2007 with a rent of $500.00 plus GST per annum, all contents insurance including public liability and all other terms of conditions per council's Community and Recreation Lease Policy, noting officers will complete an annual review of the lease for report back to the Waiheke Community Board to monitor active usage of the building.

    [ATTACHMENT 17]

    Pages 179-184

18. EXCLUSION OF THE PUBLIC : LOCAL GOVERNMENT OFFICIAL INFORMATION AND MEETINGS ACT 1987

    Janine Chisholm
    Democracy Advisor	25 July 2007
    Section 48, Local Government Official Information and Meetings Act 1987:

    The following motion is submitted for consideration:

    That the public be excluded from the following part(s) of the proceedings of this meeting.

    The general subject of each matter to be considered while the public is excluded, the reason for passing this resolution in relation to each matter, and the specific grounds under Section 48(1) of the Local Government Official Information and Meetings Act 1987 for the passing of this resolution are as follows:

    Item no.	General subject of each matter to be considered	Reason for passing this resolution in relation to each matter	Particular interest(s) protected (where applicable)	Ground(s) under section 48(1) for the passing of this resolution
    C1	Monte Cecilia Park	Public conduct of matter would be likely to result in disclosure of information for which good reason to withhold exists under section 7.	Section 7(2)(i) To enable the Council to carry on, without prejudice or disadvantage, negotiations (including commercial and industrial negotiations). In particular, this report deals with details on proposed land acquisitions. Public disclosure of this information would prejudice the bargaining position of Auckland City.	S48(1)(a) The public conduct of the part of the meeting would be likely to result in the disclosure of information for which good reason for withholding exists under section 7.