April 2, 2012 | San Francisco Arts Commission

Full Commission - April 2, 2012

MEETING OF THE FULL ARTS COMMISSION
Monday, April 2, 2012
3:00 p.m.
City Hall Room 416

Revised Minutes

Commission President JD Beltran called the meeting to order at 3:04 p.m.

Roll Call
Commissioners Present
JD Beltran, President
Sherene Melania, Vice President
Gregory Chew
Leo Chow
Amy Chuang
Chuck Collins
Dorka Keehn
Roberto Ordeñana
Jessica Silverman
Kimberlee Stryker
Ron Miguel, ex officio
Commissioners Absent
Mark Breitenberg
John Calloway
Barbara Sklar
Cass Calder Smith
Approval of Minutes
RESOLUTION NO. 0402-12-086: Motion to approve March 5, 2012 Minutes.
The minutes were approved.
President’s Report
President Beltran praised the agency’s still-new Director of Cultural Affairs for doing a great job. She reported that he has proposed that the Commission evaluate him with a 360-degree performance review process. She said that the Commission will be thinking and reading about this process and working with staff.
She added that staff is continuing discussions about strategic planning.

President Beltran said that because of the number of people who wanted to make public comment, comments would be limited to two minutes rather than three.

Public Comment:

Ray Hartz of San Francisco Open Government said that he was familiar with the 360-degree process and thought that the public would be completely denied access to it. He said that a lot of City bodies were not open to the public, and said that the President’s opening statement that public comment would be cut down by a third to two minutes instead of three. He said that when more members of the public show up, the Commission makes its displeasure obvious by limiting the time for speakers.

Peter Warfield of Library Users Association said he echoed the previous speaker. He said that he and others were not familiar with 360 degree performance review, and asked whether this meant looking up the jacket and down the neck. He asked for an explanation to those outside of the jargon. He questioned how the Commission could set a limit of two minutes for public comment when members of the public in attendance had not been polled. He said that this was not only unreasonable, but maybe worse. He said that the Commission was not really interested in what the public had to say, and was cutting them down. He said that the Commission has not determined who and what, just chopped them down. He said that this was unreasonable, and that the Commission was on its track to move forward with what it has predetermined, and did not want to include the public. In light of the previous speaker’s comment, he asked what aspects of the review would be public.

There was no further public comment.

President Beltran said that the Commission will be discussing the review in coming months and will have public documents for that discussion.

She said that the Commission had a substantial number of action items, and that it was important to get all of them done and be out of the room in a timely manner for the Youth Commission, whose meeting follows in this room.
Director’s Report
Director of Cultural Affairs Tom DeCaigny reported that this was the deadline for a number of good government obligations, including filing Form 700, the Statement of Economic Interests, the Sunshine Ordinance Declaration and the Certificate of Ethics Training. He noted that Ethics training needed to be completed every two years, so those who completed it last year are up to date for this year. Finally, he said, the Arts Commission’s Statement of Incompatible Activities has been distributed to the Commission, and is also posted on the Ethics Commission’s website. He noted that this document was specific to the Arts Commission, and that although it was not changed this year, it is important for Commissioners and staff to review it each year. He added that there will be a link to the document on the Arts Commission’s website.
Mr. DeCaigny reported that the proposed Planning Code Section 429 legislation is moving forward, and that Supervisors Kim and Cohen have proposed including additional parcels beyond what the original proposal covered. He reported that the full Board of Supervisors is expected to vote on the measure at its meeting on Tuesday, April 3, and said it was exciting to see the progress of the legislation.

Turning to the strategic plan, Mr. DeCaigny reported that he has been in touch with three foundations who are also supporters of San Francisco’s arts ecosystem, with deep community engagement. He wants the Arts Commission to be responsive to that need, and has asked for matching support from the foundations. He explained that, with staff, he has crafted a preliminary proposal, with these deliverables: a comprehensive community needs assessment in order to better understand the arts ecosystem, including the roles of the Arts Commission, individual artists, and small and large arts organizations, with a focus on how to insure cultural equity; and a planning phase leading to a four-year strategic plan, with clear recommendations to staff and Commission to be efficient and effective, articulating the Commission’s value system and meeting the mission of championing the arts.

He explained that there will be additional deliverables, including a plan for the public art trust, a clear community-focused plan to direct the Arts Commission’s distribution of funds, for both capital needs and activation of the areas affected. There will also be a ten-year capital plan for the Cultural Centers and the Civic Art Collection, covering public and private capital revenue for the next decade.

(Commissioner Keehn arrived.)

Mr. DeCaigny said that the plan would also address arts education in the public schools, and the arts education ecosystem, including an effective partnership with the San Francisco Unified School District to implement the Arts Education Master Plan, ensuring that every young person receives a high quality arts education, every day, in every school.

He reiterated that this would be a high-level strategic plan, and asked for input on shaping the planning process, which he said would be a topic for ongoing discussion in the coming months.

Turning to budget and finance, Mr. DeCaigny reported that Deputy Director Rebekah Krell is continuing to work closely with the Controller’s office, and with Arts Commission staff, to meet conditions and standards set in Controller’s audit. He reported that budget accounts not in compliance with those recommendations will be closed out by the end of the current fiscal year. Mr. DeCaigny reported that staff have provided updated job descriptions. He is working with Ms. Krell and program directors to update the organization chart in a way that is efficient for the agency and that provides clear pathways for staff development. He expected to report further on this at the April meeting of the Executive Committee to ensure that the Commission is fully informed. He added that the City’s Department of Human Resources (“DHR”) has a clearly defined performance review process, which the Controller’s report said had not been followed consistently. He said that the process will be modified this year to account for the fact that goals were not set for all staff last year, but they will be in place for the next cycle. He added that he will be seeking a 360° performance review, incorporating input from a variety of people he works with, including other department heads, Arts Commission staff and Arts Commissioners. He said he would work with Commissioners to set his performance goals, and be held accountable accordingly.

Mr. DeCaigny reported that he had asked Ms. Krell and chief accountant Kan Htun to prepare a third-quarter budget status report, and he recommended a year-end report, and quarterly budget reports beginning with the new fiscal year. He expected to review the third-quarter budget report at the April 23 Executive Committee meeting.

Mr. DeCaigny thanked all of the staff, noting that it was a very busy month with full Committee agendas and many events. He said that he was beginning to feel that he was getting a handle on the systems, and starting to build strong partnerships with his peers in other City departments.

Public Comment:

Mr. Hartz suggested that position descriptions should be reevaluated, and said this was mentioned in the Controller’s report. He said that staff had mentioned doing work outside their job descriptions, being told to do things that were not appropriate, and that there was fear of retribution. He said that all of this was disclosable under the Sunshine Ordinance, and any member of the public may request documents for review.

Second, Mr. Hartz said, the comment about getting Sunshine forms signed today was a throwaway remark, and he hoped sincerely this didn’t mean Commissioners would sign the forms without completing the training. He said that they take an oath to support and defend the Constitution of the United States, including the First Amendment right of the public. He said that allowing only two hours for this meeting limited public participation.

President Beltran noted that Commissioners sign the forms under penalty of perjury and take them seriously.

Mr. Warfield said that it was useful to lay out all of the findings of the audit, and to publicly indicate progress with respect to responses to the findings so that it is clear what, if anything, is the response to each finding and recommendation. He said this was a pretty good way to make the report into something to which the Commission is in fact responding, as well as visibility.

He said that, with respect to Sunshine training, the Arts Commission was recently found guilty of many violations, and is up for additional complaints since he began coming to Arts Commission meetings beginning in September, 2011. He said that the Sunshine training is valuable, important, and key to what the Commission does. He said that the public is entitled to a range of documents and participation integral to how the Commission does business.

In response to President Beltran’s question, Mr. DeCaigny explained that the Controller does a six-month, one-year and two-year review of compliance with its audits. He explained that the six-month review for the Street Artists Program was approaching, and there will be a formal review process and follow-up.

President Beltran added that she could attest that the Deputy Director and management team have taken compliance seriously, with weekly or twice-weekly meetings. Commissioner Chow asked whether the report would reviewed by the Commission; Mr. DeCaigny replied that it would, and said that there could be a decision later to delegate review of the one-year and two-year reviews to the committee level.
Consent Calendar
President Beltran severed items 1 and 5, approval of Executive and Civic Design Review Committee minutes, because they were not ready. She severed item 9, approval of Organization Project Grants for Fresh Meat Productions and Queer Cultural Center, to allow Commissioner Ordeñana to recuse himself because of a potential conflict of interest, since he is Development Director at the San Francisco Lesbian Gay Bisexual Transgender Community Center. The Commission approved his recusal and he left the room.
There was no public comment, and the motion was passed unanimously with Commissioner Ordeñana’s recusal, as follows.

RESOLUTION NO. 0402-12-094: Motion to enter into grant agreements to award two grants totaling $23,700 in the 2011-2012 Organization Project Grants cycle and to authorize the Director of Cultural Affairs to enter into grant agreements with the following organizations for the amounts listed:
Fresh Meat Productions, $11,850
Queer Cultural Center, $11,850

After the vote, Commissioner Ordeñana returned.

President Beltran called for public comment on the remainder of the Consent Calendar.

Public Comment:

Mr. Warfield said that he would like a full discussion of the Visual Arts Committee minutes, items 17, 18 and 19 (regarding the Bernal Heights Library mural), and a separate discussion of the Bayview Branch Library, item 21. He asked for an explanation of procedure.

President Beltran said she would sever items 17, 18 and 19, the Bernal Heights Library mural items, for separate consideration, but not the Visual Arts Committee minutes.

She called for public comment on items 17, 18 and 19, the Bernal Heights Library mural items.

Public Comment:

Ruth McGinnis said that she was a former librarian and uses the Bernal Heights branch, although she does not live in the area; she said it is her favorite branch. She protested the lack of community and institution input in destruction of the mural, and said that in Arch Williams’s memory, she protested the lack of institutional memory. She said that at the time, in 1980, when the mural was created, the neighborhood was widely divided by racism, lack of communication between ethnic groups, drugs and other issues. She said that there were threats at the time. She said that she, Arch Williams and a woman from a federal project got hundreds of people to participate in creating the mural and bringing the community together. She said that the front part of the mural was especially important and well-done, and had a lot of input from different factions. She said that many of the people who supported it have moved away or are working, or ill or dead, and can’t speak for the mural.

An anonymous speaker said that it would have been difficult to explain his position in three minutes, much less two. He said that the Commission was acting as if they approved the process, and he hoped everyone was working to assure this process never happens again. He said that this branch was opened on January 30, 2010, and that in order to calm the neighborhood, the Library Commission passed a resolution on August 20, 2009, urging the Arts Commission to approve Bernal Height Library only. He said that no one protested at the opening, and this was considered to be their community compromise. He said that the process was semi-private, that no one knew what was happening for many years. He said that “stakeholders” means only those who think they have a stake. He said that democracy was a terrible thing to have for sale.

Nadine said that she was a native San Franciscan, and had visited the site where Victor Jara died; she said that he was as important as Cesar Chavez is here. She said that many don’t realize how big a place he holds. She said that if you polled people in the neighborhood, the vast majority would not know of him. She said that the process was not a good one, and very much urged the Commission to reconsider keeping a major part of the mural, and mentioned working women.

Mr. Hartz said that this was a big problem, and that someone had drunk the Kool-Aid. He said that calling this a “community process” was putting lipstick on a pig. He said that if the community was not involved, it was not a community process. He said that he had filed a Sunshine complaint against Supervisor Campos. He said that the process set up was not a public process, that there were no minutes, no agendas, no notes. He said that people participating had to sign a nondisclosure agreement and can’t discuss what went on. He asked what the Arts Commission got out of “covering the backside” of the Library Commission, which made the decision completely out of view of the public. He said that the murals are part of history and art, and were approved by a prior Arts Commission, and he was sure not one member of this Commission could explain what the process was. He said that the Arts Commission was simply going along with the Library Commission, and that it would be embarassing if the murals are removed.

President Beltran said that there were extensive minutes of the Visual Arts Committee’s meetings, which she has attended. She explained that the Committee spent over an hour in full discussion of the Bernal Heights mural, and that the meeting was attended by Supervisor Campos and City Librarian Luis Herrera. She pointed out that minutes of that meeting were available for review in the binder at this current meeting, and they contained full documentation of the two-year process.

President Beltran explained that Supervisor Campos had led a public mediation process to address divided opinion on the murals, and that this process was discussed at public meetings of both the Library Commission and the Arts Commission. She said that this was a two-year community process, extensively vetted, and many members of the community attended.

Beth Roy said that she was the mediator to whom an earlier speaker made reference. She explained that the initial plan fell apart almost immediately, under enormous protest from both sides. She said that Supervisor Campos approached her to conduct the community mediation, and explained that she is a professional mediator with many years of experience, and lives in the neighborhood. She reported that she spoke with over 200 people, and that there was no non-disclosure agreement. She added that she had met with neighborhood activist Mauricio Vela before he died. She said that meetings are continuing, and there would be another meeting at the library on Saturday, April 7. She said that no one could say they haven’t done the best they could.

Mr. Warfield said that the Library Commission and the Arts Commission never said the words included in the mural and discussed the works and the names included: Holly Near, Roberta Flack, the children, the United Nations, none were specifically discussed at the Library Commission or the Arts Commission. He said that they had talked about generalities and didn’t have the facts. He said that the Library withheld records from the opening day of the branch, which were extensive. He said that of 26 images, only three were carried over to the new planned pair of murals. He said this was never discussed anywhere, and it was shameful. He said that in regard to the minutes, there was no discussion of the tremendous support, including former Director of Cultural Affairs Luis R. Cancel and Assemblymember Tom Ammiano. He said this was a betrayal of the August 2009 action, and urged the Commission to save at least the front of the mural.

Darcy Lee said she was a member of the task force for the past two years. She said that an earlier speaker had made it sound like some secret society, so exciting. She said it was really just a series of meetings to try to resolve a hot, hot issue. She said they tried so hard to hear everyone. She said that she was almost embarassed to retell the story, and she has explained so many times to the Library Commission and the Arts Commission how hard the group worked. She said that there was a group involved who wanted a clean space, with nothing on the walls, who were just as vocal. She said that she looked forward to a new and glorious mural.

There was no further public comment.

President Beltran called for a vote on the following three motions, which passed unanimously.

RESOLUTION NO. 0402-12-102: Motion to approve, after completion of a two-year community process commencing in January 2010 and facilitated by Supervisor David Campos and the Bernal Heights community, the removal of the murals by Arch Williams and others on the Cortland Avenue and Moultrie Street sides of the Bernal Heights Branch Library, which will be replaced by a tile and bronze artwork by Precita Eyes on the Cortland Avenue side of the library and a painted mural by Reuben Rude on the Moultrie Street side of the library.

RESOLUTION NO. 0402-12-103: Motion to approve final design of the mural by Reuben Rude for the Moultrie Street side of the Bernal Heights Branch Library.

RESOLUTION NO. 0402-12-104: Motion to approve design development of the proposal for a tile and bronze mural by Precita Eyes for the front of the Bernal Heights Branch Library on Cortland Avenue.

President Beltran called for public comment on the remainder of the Consent Calendar.

Public Comment:

Mr. Hartz said he didn’t care whether the Commission liked it. He said that putting 30 items on the Consent Calendar was a poke in the eye. He said that at Visual Arts Committee meetings, staff spends six minutes presenting each item, then the Committee takes ten minutes to discuss it. He said that when members of the public speak, they’re told, “you have to hurry.” He said that the Commission sets the meeting and then has to get out of the room at 5:00. He said that the Commission set that up, and members of the public think, “well, I guess they don’t want my input.”

He said that people have said this is an open process. He said that he tried to get documents from the Arts Commission, the Library Commission, the Board of Supervisors, and got nothing. He said the Commission could call it an open process, but that members of the community will say “what the . . . is going on?” when the City tries to take the mural down.

Mr. Warfield said that he was whispering to someone earlier and wasn’t clear that the Commission was considering the preceding three items in one go. He said that he had restricted his comments to item 17 on the agenda. He said that the minutes were not available online, and that he got a copy when he happened to be at the Arts Commission offices on Friday afternoon. He said that the minutes were full of bowdlerized changes and the corrections were not accurate. He said that for the portion of the meeting he was at, there were some serious mistakes. He gave an example, pointing to the second sentence where Ms. Pontious said 1978, and said he listened to the tape of the meeting to be sure he hadn’t misheard. He referred to the third, unnumbered, project, and said that it was purposefully called “art project” instead of “mural project” to mislead the public.

There was no further public comment.

President Beltran called for a vote on the remaining Consent Calendar; it was approved as follows.

RESOLUTION NO. 0402-12-087:
Approval: RESOLVED, that this Commission does hereby adopt the following items on the Consent Calendar and their related Resolutions:

Approval of Committee Minutes
1. RESOLUTION NO. 0402-12-088: Motion to approve the Street Artists Committee Meeting Minutes of February 22, 2012.
2. RESOLUTION NO. 0402-12-089: Motion to approve the Community Arts, Education and Grants Committee Meeting Minutes of March 13, 2012.
3. RESOLUTION NO. 0402-12-090: Motion to approve the Street Artists Committee Meeting Minutes of March 14, 2012.
4. RESOLUTION NO. 0402-12-091: Motion to approve the Visual Arts Committee Meeting Minutes of March 21, 2012.
  Community Arts, Education and Grants Committee Recommendations (March 13, 2012)
5. RESOLUTION NO. 0402-12-092: Motion to enter into a grant agreement for FY2011-2012 with Leticia Hernández for an amount not to exceed $14,000 to support a WritersCorps artist residency project at Hilltop School, with funding from a Creative Work Fund award.
6. RESOLUTION NO. 0402-12-093: Motion to enter into grant agreements to award 42 grants totaling $468,754 in the 2011-2012 Organization Project Grants cycle and to authorize the Director of Cultural Affairs to enter into grant agreements with the following organizations for the amounts listed:
  3rd i South Asian Independent Film Festival, $11,260
  ABADA Capoeira San Francisco, $11,850
  Asian Pacific Islander Cultural Center, $11,850
  Campo Santo, $11,260
  Center for the Art of Translation, $11,850
  Charming Hostess, $11,850
  Chinese Culture Center of San Francisco, $11,250
  Clerestory, $8,690
  Croatian American Cultural Center, $11,850
  CubaCaribe, $11,850
  Dancers’ Group, $11,850
  Eldergivers, $11,250
  EXIT Theater, $11,850
  Garret Moulton Productions, $11,850
  Genryu Arts/Gen Taiko, $11,850
  Intersection for the Arts, $11,850
  Jess Curtis/Gravity, $11,850
  Joe Goode Performance Group, $11,850
  Kearny Street Workshop, $11,250
  Kulintang Arts, Inc., $11,850
  Litquake, $11,850
  Margaret Jenkins Dance Company, $11,850
  ME’DI.ATE, $11,850
  Museum of Craft and Folk Art, $11,850
  National Japanese American Historical Society, $11,850
  Out of Site: Center for Arts Education, $11,850
  PlayGround, $11,850
  Playwrights Foundation, $11,850
  Post Ballet, $11,850
  Queer Rebel Productions, $6,594
  Root Division, $11,250
  San Francisco Chamber Orchestra, $11,850
  San Francisco Friends of Chamber of Music, $11,850
  San Francisco Transgender Film Festival (Tranny Fest), $5,090
  Scott Wells and Dancers, $11,850
  Shadowlight Productions, $11,850
  Small Press Traffic Literary Arts Center, $11,850
  Stepology, $11,850
  Voice of Witness, $11,850
  Women’s Audio Mission, $11,850
  Writers Among Artists, $1,660
  Yerba Buena Arts and Events, $11,850
  Street Artists Committee Recommendations (March 14, 2012)
7. RESOLUTION NO. 0402-12-095: Motion to request Board of Supervisors for re-designation of twenty-two (22) street artist spaces on Hyde Street, Jefferson to Beach streets, with exemption from regulation of Police Code Section 2405(c)(8)(2) which prohibits selling adjacent to a white zone.
8. RESOLUTION NO. 0402-12-096: Motion to approve re-numbering of spaces on Hyde Street, Jefferson to Beach streets.
  Civic Design Review Committee Recommendations (March 19, 2012)
9. RESOLUTION NO. 0402-12-097: Motion to approve Phase 3 of the San Francisco County Jail 3 Replacement: Guard Station and Bus Stop.
10. RESOLUTION NO. 0402-12-098: Motion to approve Phase 3 of the 2008 Restroom Bond Program: States Street Playground.
11. RESOLUTION NO. 0402-12-099: Motion to approve Phase 3 of the Central Subway Union Square Market Street Station with the condition that the lighting and landscaping for the Union Square head house are revised.
12. RESOLUTION NO. 0402-12-100: Motion to approve Phase 1 of the Angelo J. Rossi Playground Restroom Replacement.
13. RESOLUTION NO. 0402-12-101: Motion to approve Phase 1 of the SFO Terminal 3, Boarding Area E Improvement Project.
  Visual Arts Committee Recommendations (March 21, 2012)
14. RESOLUTION NO. 0402-12-105: Motion to approve revised designs for the Art on Market Street Poster Series by artist Paul Madonna.
15. RESOLUTION NO. 0402-12-106: Motion to approve designs for the artwork at the new Bayview Branch Library by artist Ron Saunders.
16. RESOLUTION NO. 0402-12-107: Motion to authorize the Director of Cultural Affairs to enter into a contract with Johanna Poethig an amount not to exceed $49,000, for the design, fabrication, transportation and installation/consultation of an interior mural at Hamilton Recreation Center.
17. RESOLUTION NO. 0402-12-108: Motion to approve the following finalists for the Daggett Park Public Art Project as recommended by the Daggett Park Art Selection Panel: Michael Arcega, Adriane Colburn and Charles Sowers.
18. RESOLUTION NO. 0402-12-109: Motion to approve public art program outline for 17th and Folsom Park.
19. RESOLUTION NO. 0402-12-110: Motion to approve construction document phase (which includes final quantity of chairs, final site plan of chair installation locations, artwork material and surface treatment sample, and final budget) of the Church & Duboce Public Art Project (Chairs) by Primitivo Suarez-Wolfe.
20. RESOLUTION NO. 0402-12-111: Motion to approve the updated Central Subway 4th and Brannan Platform Station Project Outline indicating the inclusion of Arts Commission President JD Beltran as a panelist for the second selection panel meeting.
21. RESOLUTION NO. 0402-12-112: Motion to approve the loan of Mark Adams’s Pond in Golden Gate Park, 1981, a flat weave wool tapestry, approximately 84 in. x 96 in. (San Francisco Arts Commission Accession Number 1985.5.1) to the exhibition Mark Adams, organized by the San Jose Museum of Quilts and Textiles in San Jose, California. The exhibition will be on view from May 15 through July 29, 2012.
22. RESOLUTION NO. 0402-12-113: Motion to approve phrase for backdrop behind cylinder and concept for text inscribed in cylinder for Shimon Attie’s police memorial artwork for the new Public Safety Building.
23. RESOLUTION NO. 0402-12-114: Motion to approve revised design and material samples for Paul Kos’s community plaza artwork for the new Public Safety Building.
24. RESOLUTION NO. 0402-12-115: Motion to approve the placement of up to three black and white sculptural heads by Jun Kaneko from May 1, 2012 through December 18, 2012 at the War Memorial Veterans Building site.
25. RESOLUTION NO. 0402-12-116: Motion to approve the placement of up to four sculptural heads from artist Jun Kaneko in Civic Center Plaza, pending approval from the Mayor and the Department of Recreation and Parks.
Committee Reports and Committee Matters
1. Executive Committee
  1. President Beltran reported that the meeting of the Executive Committee was cancelled because there were no urgent or pending items for the Committee to consider. The Committee will meet as scheduled on April 23.
2. Civic Design Review Committee—Cass Calder Smith, Chair
  1. In the absence of Commissioner Smith, Commissioner Chow reported that the Committee met on March 19, and reviewed seven projects. He explained that this meeting was a nice illustration of the diversity of ongoing projects to improve infrastructure and open space throughout the City. The first project, he explained, was a guard station and bus stop at the County Jail that had already been through two previous phases for design review and was heard at this meeting for Phase 3; the Committee approved it with slight modifications which made it more functional. He reported that the Committee also approved a replacement of the existing restrooms at States Street playground, and the Central Subway station at Union Square.
    Commissioner Chow reported that the Committee reviewed a proposed design for Dolores Park and requested refinements; that project is the subject of the motion below.
    He reported that the Committee reviewed three projects in Phase 1; the first was a new park at 17th and Folsom. The Committee was excited by this brand-new park in an area underserved with open space, and adjacent to several cultural and performance spaces. They found it very promising and sent it back to the design team for further development.
    
    The second project, he explained, was the replacement of restrooms at the Angelo J. Rossi Playground. This is in keeping with the restroom design template, and the Committee approved it. Finally, the Committee reviewed the upgrade and reconstruction of Terminal 3 at San Francisco Airport. He explained that the Airport continues to move through their terminals, upgrading them to bring them into the 21st century. He reported that the Committee thought this was a very exciting, modern and welcoming design, in keeping with the recently completed Terminal 2.
    
    Commissioner Chow presented the following motions, and asked Commissioner Stryker to discuss the Dolores Park project, an important space.
    
    Commissioner Stryker explained that Dolores Park is undergoing much-needed renovations in increments. She reported that the renovated children’s playground just opened; she called the design fabulous, and offered kudos to the designers, the Department of Recreation and Parks, the donors, and the others who made it possible. She explained that the rest of the renovations will be built in increments. In March, she explained, the design team presented the next part of the project, including removal of the existing restrooms, construction of an ADA-accessible pathway and two new restrooms, tennis courts with a maintenance structure underground, and a very nice planting plan. She said that the Committee had some concerns about the restroom near the children’s play area. In Phase 1, she said, it was carefully embedded and integrated, and large enough to accommodate crowds when events take place at the park. At that time, the Committee asked the design team to see if they could bring some natural light into the rear stalls. At the Phase 2 review in March, she explained, the Committee thought that the proposal was fine except that in order to meet the request for natural light, the structure had to be moved forward, negatively impacting the look of this iconic park. She reported that she met with Commissioner Breitenberg, the design team and a representative of the Department of Recreation and Parks. Except for a few small changes, they preferred the original design, with the building embedded and the park’s topography unchanged. She presented the following motion.
    
    There was no public comment.
    
    The motion passed unanimously.
  2. RESOLUTION NO. 0402-12-117: Motion to approve Phase 2 of the Dolores Park Rehabilitation Project.
    Commissioner Chow presented the following motion, regarding a new Muni station in Chinatown. He explained that this was another part of the overall Central Subway project, expanding public transit in San Francisco. He noted that this was initially planned as the terminus of the line, and was previously approved through Phase 3. He explained that the process of review by the Historic Preservation Commission and the Planning Commission led to requests to modify the design, first, to remove the glass canopy. Commissioner Chow explained that the canopy signified entry, and was more a visual than a functional element. The second modification called for making the design more vertical, more in character with the surrounding historic buildings. He recommended approval of the revised design with these two modifications, which he said were in keeping withi the design. He explained that the transit-oriented development referred to a development on a separate parcel at the site.
    
    There was no public comment.
    
    The motion was approved unanimously.
  3. RESOLUTION NO. 0402-12-118: Motion to approve changes to the Phase 3 design of the Central Subway Chinatown station station with the condition that the transit-oriented development or any façade/fascia design to be constructed in its place is reviewed separately.
3. Community Arts, Education and Grants Committee
  1. Vice President Melania reported that the Committee had a very busy and informative meeting. She reported that they heard from panelists in the Native community, as part of the effort to address the Controller’s audit. She explained that legislation passed in 1997 mandated the Arts Commission to support a Native American cultural center. In recent years, the funds were shifted from Community Arts and Education to Cultural Equity Grants, and she explained that the Controller directed that these funds should be shifted back. She reported that staff is assembling a brain trust from the Native community, in keeping with the value of community access. She said that nothing has been finally decided, that this is the beginning of the discussion. She explained that staff and the Committee were taking into consideration their thoughts to inform their decisionmaking process.
    Vice President Melania reported that the Committee saw presentations from Cultural Equity Grants (“CEG”) Organizational Project Grant applicants, and that it is always interesting to see the range of work the Commission supports. She thanked Arts Education Manager Tyra Fennell for her work over the past weekend on the kickoff of the Vernon and Vontae Davis Family Foundation; she said that the event was inspiring, and appreciated the work in support of arts education.
    
    Noting that Mr. Warfield liked to hear about events, Vice President Melania announced that on April 21, at 2:00, WritersCorps will present the Poetry Projection Project at the Mission Cultural Center for Latino Arts.
    
    Public Comment:
    
    Mr. Hartz said that Vice President Melania called the shift of Native American Cultural Center funds “not exactly legal”; he said that the Controller said it was “not legal.” He asked how many of the Commissioners were on the Commission when that decision was made, and how many just want this to go away. He said that Commissioners weren’t doing their job, that a lot of money got spent on things it was not supposed to be spent on, that everyone wants to just dismiss it. He said that no one wants to call it what it is, not legal. He said that everyone wants to just go along to get along, and schedule meetings without enough time for public comment.
    
    Mr. Warfield thanked Vice President Melania for her report and for alerting him about something she knows he is interested in. He said that the Arts Commission does all kinds of things, sponsors all kinds of good things. He said that he looked forward to the event and the presence of at least one Commissioner.
    
    President Beltran pointed out that flyers for the event were available.
4. Street Artists Committee—Gregory Chew, Chair
  1. Commissioner Chew reported that there was recently a very nice piece in the press on the Street Artists Program, and he urged everyone to read it. Second, he said he was pleased to ask the Commission to approve fourteen or so street artists returning to the program, as well as six others who will need to be screened. He said that the Committee has interviewed several new applicants to serve on the Advisory Committee of Street Artists and Craftsmen Examiners. He said that the application is posted online, and the program is still accepting applicants. He explained that the Advisory Committee members serve a two-year term and are paid for their time. They need to really understand the program criteria, and their job is to certify that the artists do make and sell their own artwork.
    Commissioner Chew presented the following motion, noting that these are artists whose work has already been screened, and that they represent quite a range of media, including glass, portraits, beads, ceramics, watercolors and leatherbound journals.
    
    There was no public comment.
  2. RESOLUTION NO. 0402-12-119: Motion to approve requests by former certificate-holders for priority issuance of certificate with waiver of re-screening of wares: James Barchard, Randall Larson, Juan Marin Jimenez, Qiang Wu, Bushi Luo, Hui Wen Li, Marvin Kirkland, Birgitt Hellemann, Marilyn Burkhart, Mary Ann Milburn, Ruisen Liang, Victor Manrique, Madeline Marrow.
    Commissioner Chew presented the following motion; there was no public comment.
  3. RESOLUTION NO. 0402-12-120: Motion to approve request by applicant for waiver of 15-day requirement for obtaining a certificate: Earl Thibodeau, Aidan Moran, Young Mo Hong, Haesu Go Hong, Pauliasi Lavaka.
    Commissioner Chew presented the following motion; there was no public comment.
  4. RESOLUTION NO. 0402-12-121: Motion to approve honorarium payment of $50 plus materials to Mario Hernandez for assisting Program Director in painting spaces on Stockton Street.
    Commissioner Chew introduced the following motion by explaining that construction downtown and in the Fisherman’s Wharf area related to the Central Subway is impacting the street artist spaces in those areas, and the motion calls for a request for the Board of Supervisors to redesignate those street artist spaces.
    
    There was no public comment.
  5. RESOLUTION NO. 0402-12-122: Motion to approve authorization of Program Director to request Board of Supervisors to re-designate for six (6) months two (2) street artist temporary selling spaces on Post Street, northwest corner, at Stockton Street.
    Finally, Mr. DeCaigny recalled that at its last meeting, the Street Artists Committee decided to move forward with a celebration on June 30 of the fortieth anniversary of the Street Artists Program, from noon to 1:00 p.m. He emphasized that the event will not be paid for with funds from the Program, but will use General Fund dollars to honor and celebrate San Francisco’s street artists. He reported that staff is working on confirming the appropriate permits from the Department of Recreation and Parks, and added that the event will honor not only the artists, but also the stewardship of Program Director Howard Lazar.
5. Visual Arts Committee
  1. In the absence of Commissioner Sklar, President Beltran directed Commissioners’ attention to the extensive Visual Arts Committee minutes prepared by Public Art Program Associate Zoe Taleporos.
    She reported that the Committee had discussed two major items as part of the new Public Safety Building. First was the artwork for the community plaza, presented by Public Art Program Manager Mary Chou, who reported that the work was moving forward with the enthusiastic support of the community and stakeholders. President Beltran reported that the Shimon Attie piece now incorporates poetry rather than simply quotes from members of the community, and will be backed by a beautiful granite. Second, she reported that the Committee reviewed final details of the piece by Paul Kos for the courtyard, including the landscaping, to insure that the tree won’t grow too tall and obscure the building; the foliage is intended to protect against the wind, and not obscure the main feature, the bell.
    
    President Beltran pointed out that the Commission approved, in the Consent Calendar above, the placement of several sculptures by Jun Kaneko, at no cost to the City, in celebration of the Black and White Ball at the War Memorial Veterans Building. She reported that the Committee was pleased to be able to do this at no cost to the City.
    
    Turning to the four motions below, she requested that Public Art staff discuss the background. Public Art Program Director Susan Pontious explained that the four items were time-sensitive and were not able to be considered at the preceding Visual Arts Committee meeting; she added that they are all routine matters.
    
    The first motion below is to modify the contract of Shimon Attie for the Public Safety Building. In response to Commissioner Chow’s question, Ms. Pontious explained that the cost is for design. She said that public art contracts are typically executed in phases. Staff knows the total amount available for the project, but doesn’t typically know the actual costs until the process is underway. She explained that this motion requests approval to spend funds for the next phase of the project. In response to President Beltran’s question, she explained that this was not an increase in the total project budget, which was already approved by the Commission, but authorization to spend the authorized funds for the next phase of the project.
    
    Public Comment:
    
    Mr. Warfield said that there had been no call for public comment on item 5.1, discussion of the Visual Arts Committee meeting. He said that this meeting apparently would have gone for an additional five minutes if public comment had been limited to three minutes instead of two, signaling that it was not important. He said that the discussion of the demolition of the Bernal Heights Library Mural went on for several minutes, and that other folks who were not listed and not part of the staff were given a lot of time to speak. He said that he appreciated that the minutes were extensive and lengthy, but there were significant problems he wasn’t able to mention earlier. He said there was bowdlerization, and some alteration of his comments.
  2. RESOLUTION NO. 0402-12-123: Motion to authorize the Director of Cultural Affairs to increase Attie Art Projects LLC’s (aka Scott/Shimon Attie) agreement from $147,800 for design development and construction documents by $44,750 for a total contract amount not to exceed $192,550.
    Turning to the next motion, Ms. Pontious explained that the Public Utilities Commission (“PUC”) building at 525 Golden Gate has a very large and complex public art installation by MacArthur Fellow Ned Kahn, a wind and light artwork that will extend over thirteen stories of the building. The Human Rights Commission’s sole-source approval of the installer, Rocket Science, occurred after the last Visual Arts Committee meeting, and Ms. Pontious explained that the Commission’s approval was required at this meeting to allow installation to begin by May 1.
    
    There was no public comment.
  3. RESOLUTION NO. 0402-12-124: Motion to award Rocket Science the bid to install Firefly, an artwork by Ned Kahn, at 525 Golden Gate Avenue, and to authorize the Director of Cultural Affairs to enter into an agreement with Rocket Science for an amount not to exceed $124,000.
    Next, Ms. Pontious explained that the following project, Ned Kahn’s Rain Portal, was also for the PUC building at 525 Golden Gate, and similarly, there was an intimate relationship between fabrication and installation of the artwork. Here, too, the Human Rights Commission had just granted sole-source approval of the installer, as had Purchasing.
    
    There was no public comment.
  4. RESOLUTION NO. 0402-12-125: Motion to authorize the Director of Cultural Affairs to enter into an agreement for an amount not to exceed $24,800 with Gizmo Art Productions, a sole source provider, to install Ned Kahn’s Rain Portal at 525 Golden Gate Avenue.
    Coming to the final motion, Ms. Pontious explained that the Public Art Program will submit several artworks to the Public Art Network. She said that it is a larger body of work because of the many pieces installed at San Francisco Airport’s Terminal 2, and photographing them will cost more than can be accommodated by a purchase order, requiring a contract instead.
    
    President Beltran noted that she had just flown out of Terminal 2 on Saturday and back again on Tuesday, and it was beautiful.
    
    Public Comment:
    
    Mr. Hartz said that the Commission had just spent $360,000 of the taxpayers’ money, and he bet that most of them couldn’t give an explanation of what it was for.
  5. RESOLUTION NO. 0402-12-126: Motion to authorize the Director of Cultural Affairs to enter into an agreement with Bruce Damonte Photography for an amount not to exceed $10,000 to photograph a number of public art installations.
Public Comment
Mr. Hartz said he wanted to recap: there were a lot of people who wanted to speak, and the Commission limited them to two minutes each. He said that most of the people in attendance at this meeting were staff or interested parties. He said that this was a normal situation for the Commission and this was why the Commission had a hard time following the Sunshine rules. He said that Commissioners had to be reminded to ask for nay votes and for public comment. He asked how many people had made public comment: an anonymous speaker, Mr. Hartz himself, Mr. Warfield and a few people who spoke about the Bernal Heights Library. He said that the Commission looked out and saw all these people and said public comment had to be limited to two minutes. He said they were wrong, and that if they were sat down by a Chronicle or Examiner reporter, they couldn’t give a cursory explanation.
Mr. Warfield said that in October, 2011, the Library Users Association tried to have a better understanding of the mural file of David Campos, to understand the procedures and processes and he showed a redacted document. He said that Mauricio Vela’s phone number and contact information was blacked out, although he had been dead for a year when the document was provided, and Supervisor Campos knew that. Mr. Warfield said that information on Gia Grant and Beth Roy was redacted because of privacy concerns, and in this instance, when he questioned it, they reversed and gave him the information. He said that it was not an open process.

There was no further public comment.
New Business and Announcements
There was no further new business or announcements.
Public Comment:

Mr. Warfield said that this Commission is in dire need of Sunshine training, and cited several unanimous decisions against the Commission by the Sunshine Task Force, adding that some Sunshine complaints are still pending. He said that the Commission ought to discuss the role of the public in democracy, that the Commission was very discouraging, and perhaps that is what they intend. He said that when the Commission asks if all the parties are here, it looks like the public is completely excluded. He said that the public is a part of the Commission’s deliberations, and to treat the public as though everybody else counts, but they don’t, is a sad statement against democracy.

Mr. Hartz said that the Commissioners could roll their eyes and make faces, but it wouldn’t discourage him. He said there are two things: first, is the public welcome to comment? Second is public records access. He said that this Commission got used to having its own way, meeting with staff, and was not used to the public sticking its nose in. He said that the Commission schedules agenda items for five minutes, then the staff takes most of that time, and the Commission says public comment takes too much time. He said that Commissioners should watch this meeting, and if they were members of the public, see how they would feel. He said that the Commission is used to meeting in a room by itself with staff, and that’s how the problems the Controller found arose. He said that’s why the previous Director had to be canned, and why PJ Johnston was no longer around, that he embarassed the Mayor.

President Beltran noted that the Bernal Heights Library motions were moved up to the second place in the agenda, because she wanted to be sure members of the public who were present could participate in the discussion.

Mr. DeCaigny said that he has reached out to members of the public, to hear all sides of the Bernal Heights mural discussion; it is so complex, and it’s important to hear all the opinions. He said the Commission is well-served by seeing this room packed every time, to get a bigger picture.

He said that the staff is taking on the task of building a better and stronger arts ecosystem, and that bringing out people to be part of the dialogue was important. He added that the expression of dissent was critical to democracy and good governance and to a broad spectrum of dialogue. He congratulated the Commission, and said there is always more to learn and that shouldn’t be feared.

He said that the Commission had a new Director, and some new Commissioners, and was championing dialogue. He added that it can be a challenge to manage the tension between efficient government and responsive government.

There was no further public comment.
Adjournment
There being no further business, the meeting was adjourned at 4:54 p.m.

5/8/12 spr