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Meeting Information



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MEETING OF THE FULL ARTS COMMISSION
Monday, July 12, 2004
3:00 p.m.
25 Van Ness Avenue, Suite 70


Minutes
President Gatti called the meeting to order at 3:05 p.m.

  1. Roll Call
    Commissioners Present
    Anne Brauer
    Blanche Brown
    Andrea Cochran
    Maya Draisin
    Rod Freebairn-Smith
    Stanlee Gatti
    P.J. Johnston
    William Meyer
    Janice Mirikitani
    Jeannene Przyblyski
    Barbara Stauffacher Solomon
    Dugald Stermer
    Dave Stroud
    Ethel Pitts Walker

    Commissioners Absent
    Dede Wilsey
    Shelley Bradford Bell, ex officio

  2. Approval of Minutes
    The following Resolution was moved, seconded, and unanimously adopted:
    RESOLUTION NO. 0712-04-142: APPROVAL OF MINUTES ADOPTED
    RESOLVED, that this Commission does hereby approve the Minutes of the Regular Monthly Meeting of June 7, 2004.

    NOTE: ALL ADOPTIONS ARE UNANIMOUS UNLESS OTHERWISE NOTED.

  3. President’s Report
    President Stanlee Gatti began by noting a complimentary reference to Commissioner Mirikitani in the current issue of the San Francisco Examiner.

    He also noted that the fountain at U.N. Plaza will remain where it is, suggesting that people are tired of fighting over it. He hoped that one day perhaps it would express the vision of the artist.

    He reported that the San Francisco Symphony’s Summer in the City Concert series, jointly presented with the Arts Commission, had begun over the weekend. He thanked Director of Cultural Affairs Richard Newirth for speaking from the stage on behalf of the Arts Commission at the Dolores Park free concert on Sunday, July 11.

    He announced the members of the nominating committee, to nominate both his successor as President and Vice President: Commissioners Mirikitani, Cochran and Freebairn-Smith.

    He reported that the proposed merger with Grants for the Arts is on hold for the time being, pending further discussion between the broader arts community, the Mayor’s office and other stakeholders. He thought there were probably many reasons why the Mayor had withdrawn the proposal, but for now it is not a concern of the Arts Commission. He suggested that Commissioners continue to think about what could happen, what would be the best way to implement a merger should it take place, and to focus on what would best take care of the arts in San Francisco.

    He announced the upcoming SPUR meeting regarding disposition of the City’s surplus property, and suggested that Commissioners attend if possible. While he believes that the Arts Commission Gallery’s space is pretty safe, the Commission should continue to follow this issue to assure that nothing happens to the Gallery.

    He appointed Commissioner Meyer as Chair of the Civic Design Review Committee and Commissioner Stermer as Chair of the Visual Arts Committee. Additional appointments to the Executive Committee will be made by the new President. Vice President Brown will serve as interim President until new leadership is elected.

  4. Director’s Report
    Mr. Newirth thanked the President, then gave an updated report on the result budget negotiations with the Board of Supervisors. At last month’s meeting, he described the severity of the cuts in the Mayor’s budget. Subsequent negotiations enabled the Commission to stave off the most severe cuts: the Chief Accountant position of Kan Htun, and the position for management assistant for cultural facilities (held by Carol Marie Daniels) will be maintained; the Commission will not maintain management of the cultural facilities, but will keep the position and avoid the associated layoff. Debra Lehane’s position, upon her retirement, and the gallery manager’s position were cut and cannot be rehired. WritersCorps Program Associate Avesa Rockwell’s last day was Friday, July 9; she is getting married and moving to Minnesota to go to graduate school. Her farewell party will be held on Saturday, July 17.

    The Symphony concert in Dolores Park was fabulous, and the park was packed. This year the weather was not as hot as last year, which made the day even better.

    Mr. Newirth e-mailed all Commissioners regarding the Arts Forum meeting. Commissioners Draisin, Meyer and Mirikitani attended. There was much discussion about the proposed merger, and Mr. Newirth has tried to keep the rest of the Commissioners informed about it. There will be another meeting on Friday, July 16, from 12:00 until 2:00, at Intersection for the Arts, to continue discussion about how this proposal moves forward in the arts community and with the Mayor’s office.

    Mr. Newirth met with Paul Lord regarding the Planning Commission and the Arts Element of the City’s Master Plan. He is scheduled to discuss the Master Plan at the Planning Commission’s September meeting.

    Mr. Newirth and other staff attended the retirement party for City Librarian Susan Hildreth at the Library on Friday, July 9. He and other Arts Commission staff are planning to meet with School District Superintendent and staff, and with City staff regarding the master plan for arts education on July 20.

    Commissioner Meyer praised Mr. Newirth’s budget presentation on Channel 26.

  5. Consent Calendar
    RESOLUTION NO. 0712-04-143

    Approval: RESOLVED, that this Commission does hereby adopt the following items on the amended Consent Calendar and their related Resolutions:

    Approval of Committee Minutes
    1. RESOLUTION NO. 0712-04-144: Motion to approve the Visual Arts Committee Special Meeting Minutes of June 7, 2004.

    2. RESOLUTION NO. 0712-04-145: Motion to approve the Community Arts and Education Committee Meeting Minutes of June 8, 2004.

    3. RESOLUTION NO. 0712-04-146: Motion to approve the Visual Arts Committee Meeting Minutes of June 16, 2004.

    4. RESOLUTION NO. 0712-04-147: Motion to approve the Civic Design Committee Meeting Minutes of June 21, 2004.


      Community Arts and Education Committee Recommendations (June 8, 2004)
    5. RESOLUTION NO. 0712-04-148: Motion to approve the proposed Bayview Opera House Ruth Williams Theater, Mission Cultural Center for Latino Arts, and South of Market Cultural Centers’ 2004-2005 Management and Program Plans and grant allocation, contingent upon receipt of all required documentation.

      Bayview Opera House: $234,825
      Mission Cultural Center: $395,406
      SomArts: $658,838


      Visual Arts Committee Recommendations (June 16, 2004)
    6. RESOLUTION NO. 0712-04-149: Motion to approve Champions of Market Street, six final poster designs for the Art on Market Street Kiosk Poster Series 2004, by artist Katherine Aoki, to be printed and installed in 24 kiosks on Market Street from August 13 to November 11, 2004.

    7. RESOLUTION NO. 0712-04-150: Motion to approve the final design by Wang Po Shu for an artwork for the Octavia Boulevard Streetscape Project.

    8. RESOLUTION NO. 0712-04-151: Motion to authorize the Director of Cultural Affairs to enter into a contract with artist Wang Po Shu for fabrication, transportation and installation of an artwork for the Octavia Boulevard Streetscape Project in an amount not to exceed $142,500.

    9. RESOLUTION NO. 0712-04-152: Motion to approve selection panel’s recommendation of the following four candidates to be interviewed for the Stern Grove/Pine Lake Park Public Art Project and to approve the payment of a $250 honorarium to each: Peter Richards, Mark Brest Van Kampen, Gerald Heffernon, and Michael Eckerman.

    10. RESOLUTION NO. 0712-04-153: Motion to approve the selection of artist Eric Powell as recommended by the Ingleside Branch Community Artist Selection Panel, for the new Ingleside Branch Library.

    11. RESOLUTION NO. 0712-04-154: Motion to authorize the Director of Cultural Affairs to enter into contract with artist Eric Powell, for an amount not to exceed $36,000, for the final design, fabrication and installation of an artwork for the new Ingleside Branch Library.


      Civic Design Review Committee Recommendations (June 21, 2004)
    12. RESOLUTION NO. 0712-04-155: Motion to approve Northpoint Wet Weather Improvement Project Phase 3.

    13. RESOLUTION NO. 0712-04-156: Motion to approve West Portal Branch Library Phases 1 and 2.

    14. RESOLUTION NO. 0712-04-157: Motion to approve Coffman Pool Phase 3.


  6. Committee Reports
    1. Street Artists Committee--Dugald Stermer, Chair
      1. Report from Chair of Street Artists Committee regarding activities of the Committee and the Program.

      2. RESOLUTION NO. 0712-04-158: Motion to approve requests by former certificate-holders for priority issuance of certificate with waiver of re-screening of wares: Patsy Leal-Snell, Frank Dong.

      3. RESOLUTION NO. 0712-04-159: Motion to approve requests by applicants for waiver of 15-day policy in obtaining certificate: Ryan Sijan, Assal Gheysari.

      There were no other committee reports.

  7. Statement of Incompatible Activities
    RESOLUTION NO. 0712-04-160
    Approval: RESOLVED, that this Commission does hereby approve the draft Statement of Incompatible Activities under the San Francisco Campaign and Governmental Conduct Code section 3.218, and authorize the Director of Cultural Affairs to forward the Statement to the Ethics Commission on or before August 1, 2004.

    Discussion: Mr. Newirth introduced Deputy City Attorney Adine Varah to explain the “Statement of Incompatible Activities” required to be filed by each Commission with the Ethics Commission. The statement should describe for the particular commission activities by staff and commissioners which might be legally permitted, but would be incompatible with the mission of the commission. He explained that the Commissioners could approve the draft statement as presented and submit it to the Ethics Commission, or approve the draft provisionally, subject to further revision.

    Ms. Varah began by observing that it was a good thing that the Commissioners don’t see her regularly. She was there to explain this important policy document required by a recently passed proposition. There will be very serious consequences to any violations of the policy set forth in the document. She explained that state law prohibits local officials from engaging in incompatible activites, but doesn’t specify what those activities are; it is left to the local government to determine them. The passage of Proposition E required each board or commission to adopt its own statement.

    The Ethics Commission created a template with guidelines for the various boards and commissions. Some activities must be listed in all of the statements. These have to do with inappropriate use of City resources or influence for private gain; the receipt of anything of value in exchange for the performance of the work ordinarily expected of the employee or officer; the performance of acts subject to review by the body (for example, a commissioner or employee may not give private or special help to an applicant in drafting an answer to a Request for Proposals [RFP]); and performing outside activities whose time demands render the employee inefficient in his/her work for the City. These items are required in all of the policies.

    The Statement is due to the Ethics Commission on August 1, 2004. Even if the Commission were to wait until its next meeting on August 2 to revise or review the policy, a statement must be filed on August 1.

    There are several steps before final approval of the document. The Ethics Commission may still make revisions, including some that should be in all policies. Employees and officers are still required to comply with other policies, laws, etc. in place; this document does not displace other obligations. There are criminal penalties for violating this policy, up to $10,000 or one year imprisonment. The activities described must be truly incompatible activities, not just anything. There are also civil penalties up to $5,000. A private citizen or someone else could seek an injunction, or the Commission could seek penalties for a violation. This is a serious statement which imposes serious penalties.

    Ms. Varah walked the Commissioners through the three-page statement. The Introduction explains the model, and states the relevant legal codes. Section I quotes from the City Charter to define the Arts Commission’s mission. While there may be many ways to characterize the mission of the Commission, Ms. Varah chose to list the charter text authorizing the creation of the Arts Commission here as the most basic legal statement of the mission. Section II elaborates on inappropriate use of city resources. The statement allows de minimus uses, such as telephone calls about childcare arrangements, for example. Section III describes inappropriate use of the prestige of the City and/or the office: use for private gain or advantage, such as the use of Commission letterhead or status to solicit business or gifts. Section IV describes compensation for services already contracted. Commissioners and staff may not receive payment in addition to their regular salaries for doing Commission work. This section also discusses transactions where a commissioner or employee has some financial benefit or a conflict of interest. There are some exceptions allowing the receipt of awards or souvenirs of nominal value. Section V discusses acts subject to review by the Commission: RFPs or grants, for example. The officer or employee may give general information regarding due dates, explanation of the process of review, etc., but not special assistance to an applicant. Section VI discusses time demands. Employment is still subject to civil service rules, etc. The limitation on outside employment does not apply to those who work fewer than twenty hours per week for the Commission. Ms. Varah called for questions or discussion. She explained that she had worked with other city attorneys to keep the statements consistent. The Statement was unanimously adopted as drafted.

  8. Reports and Announcements

    1. Discussion: Report from Debra Lehane, Program Director, on the Civic Art Collection.

      President Gatti opined that this was a very interesting day, observing that he was leaving in good company with retiring Civic Art Collection Director Debra Lehane. She has been at the Arts Commission more than twice as many years as he. He introduced Ms. Lehane, who gave an illustrated presentation on the development of the Civic Art Collection during her tenure.

      President Gatti thanked Ms. Lehane for her service and for her presentation.

    2. Resignation of President Gatti: Turning to his own recently-announced departure, President Gatti introduced some of the celebrities in the audience, including Chief Protocol Officer Charlotte Shultz and Jeannette Etheridge. Mr. Newirth called for public comment.

  9. Public Comment
    Ms. Shultz presented a proclamation from the Mayor; she pointed out that it was framed (which they usually are not) since it was for the departing Arts Commission President. She read the proclamation aloud, declaring July 12, 2004 Stanlee Gatti Day in the City of San Francisco.

    She joked that with this honor comes the right to park anywhere in the City, but he does that anyway. Ms. Etheridge offered free drinks before 4:30 (which was the current hour), and on every birthday free chartreuse paper flowers.

    Public Art Program Director Jill Manton spoke in praise of President Gatti’s contributions, observing that there has been more public art created in San Francisco in the last nine years under his tenure than in the previous fifty, and describing how the mention of his name was able to open doors and help to move projects along.

    Deputy Director Nancy Gonchar thanked President Gatti for his hard work in Civic Design, and Western Addition Cultural Center Facility Director London Breed thanked him for his efforts and his support of the cultural centers.

    Commissioner Johnston commented that he had spent much more time on Mayor Brown’s staff than on the Commission, getting to know President Gatti there. He most appreciates how President Gatti has gone to bat for the staff and the Commission, being willing to draw criticism and controversy, fighting for funding and resources. He believes the staff needs and appreciates this kind of support.

    Commissioner Mirikitani predicted that President Gatti would miss her too much to leave. She recalled that when Mayor Brown had asked them to co-chair his inauguration, she wondered, “what was he thinking?” President Gatti raised the money, while Commissioner Mirikitani brought in the community groups. She said that when people ask her “what’s Stanlee like?,” she answers that he’s perfect as the chair for the San Francisco Arts Commission: he has a San Francisco quirkiness, and the courage to be able to stand for all of what we are here. She thanked him for standing for all of that.

    Mr. Newirth thanked President Gatti for being so phenomenally generous to the Commission staff. He recounted a few stories, including the saga of a standup model of the peace statue which mysteriously appeared wherever it needed to be as the project was considered by the various bodies and offices required to approve it: a Supervisor’s office, an encroachment permit hearing. He also described a surprise party given by President Gatti on the first anniversary of Mr. Newirth’s hiring as the Director, set up with both nerve-wracking suspense and great generosity. Mr. Newirth praised President Gatti’s great attention to individuals, and his remarkable care and support for the staff.

    Mr. Newirth presented a single “card” from the staff, a large poster from the Art on Market Street project, tied with a chartreuse ribbon: What are Pigeons for?, with handwritten notes from the staff.

    Commissioner Freebairn-Smith presented a gift from the Civic Design Committee: several “green books” that define the seriousness of civic design, and a Sharper Image electric scooter, “to get around when inspecting art projects.”

    President Gatti thanked everyone, saying that he was “really choked up.” He said that there is a really special place in his heart for the staff, and that it has been quite an experience to work with a City agency. He said that for him, it has been about art, born through an individual as a personal expression. Then the politically appointed body has to make that art acceptable to the public, to place it into the public space so people can learn something new. He praised his fellow Commissioners, saying it couldn’t have happened without all of them. He noted that controversy had preceded his tenure, but also continued with him; he asserted that controversy is one of the best things we could have, because it means the Commission is doing its job, engaging the community. If everything were accepted, he said, they wouldn’t be nourishing the community. He recalled the foot, Buster Simpson’s sculpture, saying that it could have been such a defining icon. What we do have, he said, is the memory of the history of controversy, dialogue, misunderstanding and understanding, knowing that people wanted to have their voices heard. When he evaluated a proposal that came before him, he asked these questions: Is it something we never saw before? Do we like it? Is it worth being seen, getting some attention?

    He has loved being at the Commission, and believes everyone has to define their tenure and that it is important to have new people with new ideas. He reiterated that it has not been about him, but about defining art for the City. Finally, he thanked each of the Commissioners individually, as well as Mr. Newirth, Ms. Manton and all of the staff. He urged them to call him whenever he’s needed, saying he will be there to do whatever he can. He can’t wait for the time when he’ll come to a Commission meeting as a private citizen to give public testimony. Commissioner Mirikitani reminded him he would have only two minutes to speak then. He received a standing ovation in farewell from the Commissioners, staff and public.

  10. Adjournment
    There being no further business, the meeting adjourned at 4:49 p.m. A reception honoring departing President Stanlee Gatti immediately followed the meeting.

    Approved by Richard Newirth, Director of Cultural Affairs


    spr 7/26/04