Street_Artists_Committee
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STREET ARTISTS COMMITTEE
Wednesday, October 11, 2006
3:00 p.m.
25 Van Ness Avenue, Suite 70
Minutes
Members present: Commissioners Alex Lloyd, José Cuellar, P. J. Johnston
Members absent: none
Staff present: Director of Cultural Affairs Richard Newirth, Street Artists Program Director Howard Lazar, Program Assistant Evelyn Russell
Commissioner Lloyd, Chair, called the meeting to order at 3:15 p.m. At the request of Commissioner Lloyd, Commissioner Johnston chaired the meeting and took the last two agenda items, “Street Artists Program Director’s Report” and “New Business,” out of order.
1. Street Artists Program Director’s Report.
Street Artists Program Director Howard Lazar reported that, just prior to the meeting, he had presented the Arts Commission’s proposal for winter holiday selling spaces, on behalf of the street artists, to the Board of Supervisors’ Land Use Committee which passed the item to the full Board.
Mr. Lazar also reported that Director of Cultural Affairs Richard Newirth and he presented to the Board of Supervisors’ Finance Committee on September 20, 2006, the draft ordinance allowing the Street Artists Program to reimburse members of the Advisory Committee of Street Artists and Craftsmen Examiners for reasonable travel expenses to and from screenings, studio visits, and monitoring assignments. The Finance Committee passed the item to the full Board.
Lastly, Mr. Lazar reported that the Westfield/Bloomingdale’s shopping center paid street artists a total of $6,000 for the use of six street artist spaces outside the center’s doors onMarket Street for five days of celebration of the center’s opening, September 27 through October 1, 2006. Mr. Lazar directed the Street Artists Program’s Lottery Committee to hold a lottery for each of the five days in order to ascertain six artists who would have used the spaces for the day. The fortunate artists were each paid $200 directly by Executive Director Leigh Ann Baughman of the Union Square Business Improvement District. This eliminated a time-consuming task for Mr. Lazar of having to initiate and process invoices and payment requests on behalf of the artists, as well as the artists’ having to wait for City Controller approval of their compensation. Mr. Lazar thanked Ms. Baughman for offering this help and for taking the time to pay the artists directly.
2. New business.
Street Artist Michael Addario informed the Commissioners of a recent Board of Supervisors resolution urging commissions and committees to adopt meeting attendance policies for their members.
Street Artist Kathleen Hallinan requested that members of the Advisory Committee of Street Artists and Craftsmen Examiners make regular monitoring visits to the street artist area of Fisherman’s Wharf and not just to the artists’ area of Justin Herman Plaza.
3. Hearing and possible motion to approve issuance of certificate or renewal of certificate.
Manuel Loli – Certificate #6040. Alleged violations: (1) Improper, hazardous conduct of business (battering a street artist); (2) Selling items not of the artist’s own creation (arrowheads, gourds with figures, ceramic boxes, hemp and bead jewelry, smoking pipes, leather coin purses).
The Street Artists Program hired a Spanish-to-English interpreter through Auerbach International, Inc. to assist Mr. Loli. For the duration of the entire hearing, Ms. Leslie Walker continuously interpreted for Mr. Loli the testimony and statements made by witnesses, Commissioners, and staff; and interpreted Mr. Loli’s statements and those of his attorney, Ms. Kathleen Morgan, to the Commissioners.
(A complete audio recording of the hearing is available upon request to the Street Artists Program.)
The Street Artists Committee heard each charge separately.
With respect to the first charge, the Committee acknowledged having received from the Program Director copies of a police report and a statement to the Program Director filed by Street Artist Mario Hernandez against Street Artist Manuel Loli.
Mr. Hernandez testified to photographing Mr. Loli and Street Artist Oscar Bevilacqua selling in illegal locations on Jefferson Street and Mr. Loli aggressively pursuing him and butting his head against Mr. Hernandez’s head.
In response to questions by the Commissioners and the Program Director, Street Artist Kathleen Hallinan testified to her observation of the incident (that Mr. Loli aggressively pursued Mr. Hernandez and that, while she did not see him butt his head against him, she saw Mr. Hernandez’s hat abruptly fall off his head).
Attorney Kathleen Morgan cross-examined Ms. Hallinan and submitted a copy of a paper signed on the day of the incident by Ms. Hallinan and by artist Oscar Bevilacqua as witnesses to a signed statement by Mr. Loli (alleging that Mr. Hernandez pushed and threatened him).
Street Artist Oscar Bevilacqua, in response to questions by the Commissioners and the Program Director, testified to his observation of the incident, which contradicted Ms. Hallinan’s testimony, and testified to the character of Mr. Loli and the character of Mr. Hernandez.
Street Artist Manuel Loli, with the assistance of his attorney, defended himself.
Street Artists Enrique Perez and Mike Hanley and non-street artist Darlene Frazier each expressed conflicting views of the character of Mr. Loli and Mr. Hernandez but did not witness the incident.
After closure of public testimony, Commissioner Johnston stated he did not perceive a consensus or preponderance of evidence nor sustenance of damage to sustain the charge against Mr. Loli.
Commissioner Cuellar stated that, because the evidence was contradictory, he, too, was not prepared to sustain the charge.
Commissioner Lloyd agreed that evidence from both sides was equal in weight.
Commissioner Johnston stated that it was evident that both Mr. Loli and Mr. Bevilacqua, on the day of the incident, had not wanted to be photographed. The Commissioner requested Program Director Lazar hereafter to pay close attention to Mr. Loli’s selling activities.
Before rendering a decision on the first charge, the Committee heard the second charge against Mr. Loli.
Program Director Lazar outlined the charge of Mr. Loli’s allegedly selling items not of his own creation on September 9 and 13, 2006, at Justin Herman Plaza. He referred the Commissioners to copies of photographic evidence and notes he had previously mailed to them, to Mr. Loli, and to Mr.Loli’s attorney. Closeups of various items of merchandise were depicted in photos and described in notes submitted by members of the Advisory Committee of Street Artists and Craftsmen Examiners and by photos submitted by a witness whose name was confidential. Mr. Lazar stated that Mr. Loli had never received certification to sell the arrowheads, decorated gourds with figures, ceramic boxes, hemp and bead jewelry, white smoking pipes, elaborately sculpted figures, woven bracelets, and leather coin purses shown in the photos; furthermore, the Advisory Committee doubted these items were of Mr. Loli’s creation. While he had received certification to sell “pipes and jewelry from bamboo, leather, clay, and beads,” “bottle figurines and incense holders,” and “wood pipes” of a folding design, the items of these categories shown on his display did not appear to be the same items shown in the photos of his screenings on file.
The Program Director stated that the charge of an artist’s not selling items of his own creation cut to the very heart of the Street Artists Ordinance and the Commission’s commitment to the voters of the ordinance. Mr. Lazar further stated that on June 12, 2006, (three months prior to the incidents) he had sent Mr. Loli a written warning against continuing to sell items not of his own creation; the warning was based on a police report that Mr. Loli had been observed selling commercially manufactured glass smoking pipes.
Street Artist Susan Pete testified to having taken and submitted the photos as evidence of Mr. Loli’s display on September 13, 2006, and responded to questions from the Commissioners.
Advisory Committee Members Josie Grant and Susan Tibbon testified to having taken the photos and notes as evidence of Mr.Loli’s display on September 9, 2006. In response to questions from the Commissioners, the members stated that they had noted Mr. Loli had not been certified to sell the leather coin purses nor the bead and hemp jewelry; that his flutes bore a distinctive Peruvian painting style and appeared to be imported; and that intricately detailed sculptures like those displayed on his table are invariably signed by the artist, whereas his were not.
Attorney Kathleen Morgan produced her client’s street artist certificate and stated that he was screened for items which, due to his facility, have evolved. She submitted photo-close-ups of latex-gloved hands holding some of the sculpted items in question in finished and unfinished form, and requested a studio visit so that Mr. Loli could prove that he made all the items.
Mr. Loli stated that, while he had been observed selling the glass pipes, he had done so late in the evenings on weekends, like other vendors selling different items, and that he never sold such pipes in street artist areas during street artist times. He requested a date for a studio visit to demonstrate making his own art.
Street Artist Mike Hanley testified that he witnessed Mr. Loli selling the glass pipes he does not make, and that he saw a male vendor sell Mr. Loli the pipes.
Street Artist John Thomey expressed that he doubted Mr.Loli’s veracity.
After public testimony had been received, Commissioner Johnston observed that the Street Artists Program relies on self-policing, that it was a permitted privilege – not a right – for an artist to sell his wares on the streets, and that it was necessary to maintain the integrity of the Program. If the outcome of a studio visit were to prove not in Mr. Loli’s favor, the Commissioner was prepared to sustain the charge against him and recommend denial of renewal of his certificate.
Commissioner Cuellar stated that the Program was about street artists who create their own art as opposed to merely augmenting created items. He expressed doubt as to whether a studio visit would be worthwhile.
Commissioner Johnston moved that the first charge against Mr. Loli (improper, hazardous conduct of business) be dismissed; that Mr. Loli’s certificate be renewed and be subject to findings from a further hearing of (a) the charge against Mr. Loli of selling items not of his own creation and (b) the charge of selling items not certified by the Arts Commission; and that such findings be issued after consideration of findings, relative to the above two charges, to be submitted by the Advisory Committee of Street Artists and Craftsmen Examiners after conducting a studio visit with Mr. Loli. The motion was seconded by Commissioner Lloyd and unanimously approved.
Commissioner Johnston clarified that if Mr. Loli intended to continue to sell glass pipes, he should be able to show the Advisory Committee that he makes them, or have his certificate subject to possible revocation.
4. Hearing and possible motion to approve issuance of certificate or renewal of certificate.
Stephen Noland – Certificate # 7452. Alleged violation: Improper, hazardous conduct of business (pushing Arts Commission Advisory Committee member; obstructing the duty of Advisory Committee member).
Street Artist Stephen Noland was present.
Program Director Lazar informed the Commissioners that a primary witness to the incident, as well as the incident of the next agenda item, was, because of the length of time taken by the previous hearing, no longer able to be present; accordingly, Mr. Lazar requested that the hearing and the hearing of the next item be continued.
Commissioner Johnston requested that the item and the next item be continued and that the Program Director attempt to resolve the issues between the parties in lieu of a Street Artists Committee hearing. If the issues cannot be resolved, the Commissioner said the Committee would hear these cases at a future meeting with possible action to be taken on the artists’ certificates.
Commissioner Johnston moved to continue the item; the motion was seconded by Commissioner Lloyd and unanimously approved.
5. Hearing and possible motion to approve issuance of certificate or renewal of certificate.
Norma Hanley – Certificate # 7389. Alleged violation: Improper, hazardous conduct of business (hitting Advisory Committee member; obstructing the duty of Advisory Committee member).
In keeping with the motion of the previous item, Commissioner Johnston moved to continue the item; the motion was seconded by Commissioner Cuellar and unanimously approved.
6. New business.
Street Artist Kathleen Hallinan stated that there was no room for violence in the Street Artists Program, that many artists have requested the Advisory Committee to check all artists’ wares, and that the artists should allow their displays of items to be checked and photographed.
Street Artist Mike Hanley urged that Advisory Committee members do not disrupt potential sales by asking to see the artists’ permits, that the members wait until a customer leaves before asking to see the permit or questioning the artist. Mr. Hanley stressed the importance of having the Advisory Committee check the wares, as he did not wish to see imported glass pipes continuing to be sold near him.
Street Artists Susan Pete and Enrique Perez questioned the Program Committee on details of the Manuel Loli case, to which Commissioner Johnston replied that the matter was closed and would not be discussed until heard at a future meeting. In the meantime, public documents relative to the case could be viewed at the Program Director’s office.
Street Artist Michael Addario requested a commitment from the Committee to publish a street artist attrition list in the near future, so that invalid permits could be ascertained by Lottery Committee members. He illustrated the problem by stating that recently the artists had for six months tolerated the presence of a former certificate-holder who was showing what the artists discovered later was a bogus certificate.
Program Director Lazar stated that he would be willing to meet with Mr. Addario and other artists on inventing a procedure less cumbersome than that of the previous attrition list procedure.
Commissioner Johnston adjourned the meeting at 5:40 p.m.
Respectfully submitted:
Howard Lazar
Street Artists Program Director
hl 11/21/06
