City and County of San FranciscoSan Francisco Arts Commission

March 5, 2012

Full Commission - March 5, 2012

MEETING OF THE FULL ARTS COMMISSION
Monday, March 5, 2012
3:00 p.m.
City Hall Room 416


Minutes

Commission President JD Beltran called the meeting to order at 3:03 p.m.
 

  1. Roll Call
    Commissioners Present
    JD Beltran, President
    Sherene Melania, Vice President
    Mark Breitenberg
    Gregory Chew
    Leo Chow
    Amy Chuang
    Chuck Collins
    Dorka Keehn
    Roberto Ordeñana
    Jessica Silverman
    Kimberlee Stryker
    Ron Miguel, ex officio

    Commissioners Absent
    John Calloway
    Barbara Sklar
    Cass Calder Smith

    Commissioner Miguel explained that, by code, the Planning Commission President is an ex officio member of the Arts Commission, because the two Commissions often have projects and concerns in common. He explained that he was the former President of the Planning Commission, and he introduced Rodney Fong, the incoming Planning Commission President, and Cindy Wu, incoming Vice President. Commissioner Miguel explained that President Fong has asked him to continue to serve as ex officio Arts Commissioner on behalf of the Planning Commission.

    President Beltran welcomed President Fong and Vice President Wu, noting that she had attended some Planning Commission meetings and she deeply admired them for the responsibilities they have undertaken.
     

  2. Approval of Minutes
    RESOLUTION NO. 0305-12-045: Motion to approve January 9, 2012 Minutes.

    Commissioner Ordeñana offered a correction to the February 6 minutes, explaining that he had participated in the LGBT Advisory Committee of the San Francisco Human Rights Commission, not the Human Rights Campaign. The minutes were approved with that correction.

    RESOLUTION NO. 0305-12-046: Motion to approve February 6, 2012 Minutes.
     

  3. President’s Report
    President Beltran explained that she would not give a report since it would mostly duplicate the budget presentation to be given by the Director and Deputy Director.
     
  4. Director’s Report
    Director of Cultural Affairs Tom DeCaigny recapped the highlights of his report to the Executive Committee on February 27. He discussed some key human resources policies and procedures. He explained that he has requested that all program directors, the communications director and the accounting team to produce a policies and procedures manual, including an organization chart and key policies and procedures for each program area, as well as up-to-date job descriptions. He noted that some of the job descriptions are out-of-date, or have evolved since the employee’s last review, and added that this was a recommendation from the Controller’s audit. He expected to have the job descriptions finalized by March 30, and the manuals by the end of the fiscal year, June 30.

    Mr. DeCaigny reported that he and Deputy Director Rebekah Krell have undertaken a review of compensatory time and overtime policies in each of the union contracts for Arts Commission staff, and have clarified and restated these policies for staff. He is also conducting a review of the policies and resources with regard to professional development and staff travel; this is also pursuant to a recommendation from the Controller’s audit.

    (Commissioner Silverman arrived at 3:09 p.m.)

    Mr. DeCaigny also wanted to correct the term “grievance” used at that meeting, regarding five cases of back-pay claims. The union has not filed formal grievances, as the agency is not contesting the claims, but is correcting a paperwork error, involving about $15,000 owed to these five employees.

    Regarding the contract with the Center for Cultural Innovation (“CCI”), Mr. DeCaigny reported that he will meet with Cultural Equity Grants Program Director San San Wong and CCI Director Cora Mirikitani to review the status of the studies previously undertaken. He recalled that the Helicon evaluation of Cultural Equity Grants has been completed, and that the studies on the Latino and Asian American arts ecosystems were put on hold. He explained that he hopes to incorporate the information gathered to date, to capitalize on the investment and integrate the information into a broader strategic planning process. Following the Controller’s recommendation to return about $118,000 allocated, but unspent, for these studies, the funds will be redirected to a more robust agencywide planning process, with considerable community involvement, as well as participation by staff and Commissioners. He added that the agency will be seeking matching funds from private philanthropy to allow for a more robust planning process for a three-to-five year period.

    Mr. DeCaigny gave an update on the proposed move to the War Memorial Veterans Building in July, 2015. He explained that there was a verbal agreement on this when he arrived at the Commission, and he is working with Ms. Krell and with War Memorial Managing Director Elizabeth Murray to flesh out plans. He explained that the plan currently includes administrative offices on the third floor, covering some 4,200 square feet, and about 4,400 square feet of gallery and public space on the first floor. He thought it was really exciting to be involved with City peer agencies in activating the War Memorial, and will be working closely with Ms. Murray on a draft floor plan to determine how the space will be used. He added that he has met with Commissioner Chow to help evaluate the plans and will be working with Ms. Krell on financial forecasting for both initial capital costs and ongoing rent costs. He said that he would report further on this in the coming months.

    Mr. DeCaigny reported on a new matter not discussed at the Executive Committee, a letter to the Department of Elections on the upcoming ballot regarding Coit Tower policy. He explained that the agency has provided a response to the Ballot Simplification Committee. After consultation with Recreation and Parks leadership, the response says that the Arts Commission found the ballot initiative as drafted overly restrictive. He explained that preservation of the Coit Tower murals is a primary commitment of the agency, and the Arts Commission is working in cooperation with Recreation and Parks, which has committed some $250,000 to their restoration. He said that the Arts Commission is currently assessing the total cost of restoring the murals, and the agency is committed to considering the overall context of the health of the building, including some issues of water permeation and possible water storage at the top of the tower. He explained that while the agency totally agrees with the spirit of the initiative, staff felt that the language overly restricted revenue sources for private and commercial use and hope to be able to continue to partner with Recreation and Parks to be able to eventually use the revenue elsewhere in the city, including under-resourced communities throughout San Francisco, and perhaps for other artworks in the City’s collection. Of course, he said, the Coit Tower murals are the priority right now, but he believes that the ability at some point in the future to use revenue generated there would be of value.

    Commissioner Keehn asked about Executive Committee minutes, and Mr. DeCaigny explained that they were not ready.

    There was no public comment.
     

  5. Consent Calendar
    President Beltran severed item 35, regarding the award of a grant to Queer Cultural Center, at the request of Commissioner Ordeñana, who explained that he would recuse himself for a potential conflict of interest because Queer Cultural Center rents space from his employer, the San Francisco Lesbian, Gay, Bisexual and Transgender Community Center.

    Commissioner Keehn requested that item 28, regarding the Bay Lights project, be severed, since she was involved with the project.

    Peter Warfield, Director of Library Users Association, requested that item 11, regarding the Jovi Schnell mural, be considered separately.

    President Beltran called for a vote on item 28, as follows. The motion was passed unanimously, with Commissioner Keehn abstaining.

    RESOLUTION NO. 0305-12-075: Motion to enthusiastically endorse The Bay Lights, an art project designed by artist Leo Villarreal to be installed on the west span of Bay Bridge to commemorate its 75th Diamond Anniversary. The Arts Commission commends the initiative of The Bay Lights organizers and sponsors for initiating such an inspired, ambitious and celebratory work at no cost to the City. The Arts Commission believes that this temporary artwork will make a significant contribution to the architectural beauty of the bridge and the region as a whole, and will elevate the experience of the 50 million Bay Area residents and visitors during its two-year run. The Bay Lights will have a positive luminous impact on the San Francisco waterfront and is a generous gift to the City.

    President Beltran called for a vote on item 35, as follows. The motion was passed unanimously, with Commissioner Ordeñana abstaining.

    RESOLUTION NO. 0305-12-082: Motion to approve recommendation to award a grant to Queer Cultural Center in the amount of $23,750, in the 2011-2012 cycle of Arts & Communities: Innovative Partnerships Grants, and to authorize the Director of Cultural Affairs to enter into a grant agreement.

    President Beltran called for public comment on item 11, the Jovi Schnell mural.

    Public Comment:

    Mr. Warfield said that in a discussion about another matter, the Bernal Heights mural, the Arts Commission has said it does not want to be responsible for maintenance of murals in public places. He said that the Commission has a policy insisting that new murals be provided with funding for maintenance, and he was not sure about removal. He asked how the Arts Commission would be responsible for this mural and does not want to be responsible for other murals in public places. He said that he was not for or against this item, but was asking about policies and procedures.

    President Beltran asked Public Art Program Director Susan Pontious to discuss the mural. Ms Pontious explained that, unlike community murals, this mural is sponsored by the Arts Commission through its art enrichment program, that it is the Arts Commission’s project and did not come to the Commission through outside entities, and that is the distinct difference. She said that in order to allow other organizations, and artists to have as much freedom and leniency as possible to do murals of their choosing, the Commission entertains proposals, and lets them go ahead as much as possible. The tradeoff, she explained, is that the Arts Commission is nor responsible for maintaining them. The difference here, she said, is that this mural was commissioned by the Arts Commission with funds generated by capital improvement projects undertaken by the City.

    In response to President Beltran’s question, Ms. Pontious explained that because the mural is located on a freeway overpass, the only suitable location at the site, there is an unusual agreement making it property of Caltrans, but the Arts Commission retains responsibility for its maintenance. President Beltran drew a distinction with other murals created by private individuals or other organizations, where the Arts Commission does not have a role. Ms. Pontious agreed that in those cases, the Arts Commission does not sponsor, generate, pay for or maintain them.

    Mr. Warfield thanked the President and Ms. Pontious for their response, and acknowledged that although Sunshine did not require a direct response to public comment, he appreciated it.

    There was no further public comment. President Beltran called for a vote on this item, as follows. The motion was approved unanimously.

    RESOLUTION NO. 0305-12-058: Motion to confirm that the San Francisco Arts Commission will be responsible for the maintenance and removal (if necessary) of the mural by artist Jovi Schnell, to be located on the freeway columns and underpass structure of the SOMA West Skatepark along Duboce Street between Mission and Stevenson streets.

    President Beltran called for a vote on the remainder of the Consent Calendar, which was approved as follows.

    RESOLUTION NO. 0305-12-047:
    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. 0305-12-048: Motion to approve the Civic Design Review Committee Meeting Minutes of January 23, 2012.
       
    2. RESOLUTION NO. 0305-12-049: Motion to approve the Civic Design Review Committee Meeting Minutes of February 13, 2012.
       
    3. RESOLUTION NO. 0305-12-050: Motion to approve the Community Arts, Education and Grants Committee Meeting Minutes of February 14, 2012.
       
    4. RESOLUTION NO. 0305-12-051: Motion to approve the Visual Arts Committee Meeting Minutes of February 15, 2012.

      Civic Design Review Committee Recommendations (February 13, 2012)

    5. RESOLUTION NO. 0305-12-052: Motion to approve Phase 3 of the 2008 Restroom Park Bond Program—Traditional Design.

       

    6. RESOLUTION NO. 0305-12-053: Motion to approve Phase 1 of the SFO Replacement Air Traffic Control Tower and Integrated Facility.

       

    7. RESOLUTION NO. 0305-12-054: Motion to approve Phase 2 of Daggett Park contingent upon presenting a materials board at Phase 3 review, revising the signage, and presenting fence design options prior to Phase 3 review.

       

    8. RESOLUTION NO. 0305-12-055: Motion to approve Phase 1 of the SFMTA Operator’s Restroom on Phelan Avenue near Ocean with conditions that the design team explore siting the restroom at the corner, extend the concrete wall, streamline the trellis and planters, and refine the corner design.

      Community Arts, Education and Grants Committee Recommendations (February 14, 2012)

    9. RESOLUTION NO. 0305-12-056: Motion to approve recommendations to award thirteen grants totaling $221,500 in the 2011-2012 cycle of Arts & Communities: Innovative Partnerships Grants to the following organizations, and to authorize the Director of Cultural Affairs to enter into grant agreements with each for the amounts listed:
      Mary Jean Robertson, $25,000
      Kulintang Arts Inc., $25,000
      Imagine Bus Project, $25,000
      Voice of Witness, $25,000
      Root Division, $15,000
      Croatian American Cultural Center, $25,000
      African Advocacy Network, $22,500
      Au Co Vietnamese Cultural Center, $9,500
      Ana Teresa Fernandez, $9,500
      StageWrite, $10,000
      Push Dance Company, $10,000
      Lenora Lee Dance, $10,000
      Pearl Ubungen, $10,000

      Visual Arts Committee Recommendations (February 15, 2012)

    10. RESOLUTION NO. 0305-12-057: Motion to approve the design of a utility box mural at Oakdale Avenue and Third Street. The painted mural by Malik Seneferu, From the Hill and Beyond, is sponsored by The San Francisco Housing Development Corporation and supported by the Bayview Opera House, 4800 Home Owners Association and the Renaissance Entrepreneurship Center.
       
    11. RESOLUTION NO. 0305-12-059: Motion to authorize the Director of Cultural Affairs to approve an increase in Merge Conceptual Designs’ contract by $17,000 from $30,000 to $47,000 for additional development of conceptual design proposal for an artwork at the Fire Station at the new Public Safety Building.
       
    12. RESOLUTION NO. 0305-12-060: Motion to approve revised design and material samples for Shimon Attie’s police memorial artwork for the new Public Safety Building.
       
    13. RESOLUTION NO. 0305-12-061: Motion to approve selection of movies for development for the Art on Market Street Poster Series by Christina Empedocles for display on Market Street for three months beginning December 2012.
       
    14. RESOLUTION NO. 0305-12-062: Motion to approve temporary installation of a sculpture entitled Breathing Flower proposed by the Asian Art Museum by artist Choi Jeong Hwa on the Larkin Street side of Civic Center Plaza pending permit approval by the Recreation and Park Commission. The sculpture dimensions are 24 feet tall by 36 feet wide and it will be placed upon a base 12 feet square and 8 feet high. The duration of the exhibition will be from May 18, 2012 through September 2, 2012.
       
    15. RESOLUTION NO. 0305-12-063: Motion to proceed with fabrication of the bell for Paul Kos’ community plaza artwork for the new Public Safety Building.
       
    16. RESOLUTION NO. 0305-12-064: Motion to authorize the Director of Cultural Affairs to approve an increase in Paul Kos’ contract in the amount of $35,000 from $265,000 to $300,000, for the purchase of materials for the fabrication of the bell for the community plaza artwork at the new Public Safety Building.
       
    17. RESOLUTION NO. 0305-12-065: Motion to approve an extension of the Tomie Arai artwork locations at the Central Subway, Chinatown Station, to include additional façade areas.
       
    18. RESOLUTION NO. 0305-12-066: Motion to approve the public art approach for SOMA West–McCoppin Hub as detailed in the SOMA West—McCoppin Hub Public Art Project Outline.
       
    19. RESOLUTION NO. 0305-12-067: Motion to approve the following pool of potential panelists for San Francisco International Airport projects (Airport Control Tower non-secure connector; Boarding Areas E & F):
      Amy Ellingson, artist
      Courtney Fink, Executive Director, Southern Exposure
      Rupert Garcia, artist
      Barbara Goldstein, Public Art Director, City of San Jose
      Constance Lewallen, Adjunct Curator, Berkeley Art Museum
      Maysoun Wazwaz, Program Manager, Mills College Art Museum
      Constance Y. White, Art Program Manager, San Diego International Airport
      Shelley Willis, Art in Public Places Program Director, Sacramento Metropolitan Arts Commission
       
    20. RESOLUTION NO. 0305-12-068: Motion to approve the mock-up of etched granite for the project Philosopher’s Way at McLaren Park by artists Peter Richards and Susan Schwartzenberg.
       
    21. RESOLUTION NO. 0305-12-069: Motion to approve construction mock-up and revised design concept (addition of lighting and top and bottom access panels) of Ned Kahn’s Water Wall at 525 Golden Gate Avenue.
       
    22. RESOLUTION NO. 0305-12-070: Motion to authorize the Director of Cultural Affairs to approve an increase in Ned Kahn’s contract for design and construction of Firefly and Water Wall at 525 Golden Gate Avenue of up to $40,000 to accommodate design and construction of design modifications for lighting and access panels.
       
    23. RESOLUTION NO. 0305-12-071: Motion to approve a new project opportunity for Hamilton Pool with $65,793 remaining Art Enrichment funds and to request Johanna Poethig to develop a proposal to create an artwork similar to Dragon Snake Monkey Bird at Boeddeker Park Recreation Center.
       
    24. RESOLUTION NO. 0305-12-072: Motion to approve the final design and construction documents for Nobuho Nagasawa’s artwork for Islais Creek.
       
    25. RESOLUTION NO. 0305-12-073: Motion to authorize the Director of Cultural Affairs to approve an increase in the contract with Nobuho Nagasawa by $37,250 for a new contract total of $78,850 to increase scope of work to include fabrication/restoration for the bell and cleat elements, and for sandblasting poetry text into the site pavers.
       
    26. RESOLUTION NO. 0305-12-074: Motion to approve final art fence panel mock-up by artist Michael Bartalos for Mission Playground.
       
    27. RESOLUTION NO. 0305-12-076: Motion to approve Design Development (which includes final selection of chair types, dimensioned design of Gateway, artwork materials, surface treatments, and installation locations for all elements) of the Church and Duboce Public Art Project (Gateway and Chairs) by Primitivo Suarez-Wolfe.
       
    28. RESOLUTION NO. 0305-12-077: Motion to approve the art opportunity as described in the Project Outline for Central Subway, Chinatown Station: Crosscut Cavern Wall.
       
    29. RESOLUTION NO. 0305-12-078: Motion to approve the following finalists for the Central Subway, 4th and Brannan Platform Station Public Art Project as recommended by the 4th and Brannan Public Art Selection Panel: David Boyer, Joyce Hsu, Moto Ohtake, Peter Richards/Andrew Forrest, and Esther Werthheimer.
       
    30. RESOLUTION NO. 0305-12-079: Motion to approve the six month installation of three to five sculptures (to be determined by Arts Commission staff) by Jun Kaneko to be placed on the Polk Street side of the Civic Center Plaza at no cost to the City thanks to the generosity of the Rena Bransten Gallery in San Francisco and the artist, in conjunction with the San Francisco Opera’s production of The Magic Flute for which the artist is designing the costumes, sets and lighting, pending approval of the installation by the Mayor and the Recreation and Park Department.
       
    31. RESOLUTION NO. 0305-12-080: Motion to approve the six-month installation of two sculptures by Jun Kaneko (to be determined by the Arts Commission staff) to be placed on the north and south sides of the War Memorial at no cost to the City thanks to the generosity of the Rena Bransten Gallery in San Francisco and the artist, in conjunction with the San Francisco Opera’s production of The Magic Flute for which the artist is designing the costumes, sets and lighting, pending approval of the installation by the Mayor and the Board of Trustees of both the War Memorial and the San Francisco Opera.

      Street Artists Committee Recommendations (February 22, 2012)

    32. RESOLUTION NO. 0305-12-081: Motion to authorize Program Director to request Board of Supervisors for temporary designation of six (6) street artist selling spaces on Market Street, north side, at Spear Street.
       
  6. Arts Commission FY 2012-2013 and 2013-2014 Budget
    Mr. DeCaigny began his overview by explaining that the Executive Committee had reviewed the draft budget proposal and had the opportunity to comment on it at their meeting the previous week. He presented the three documents posted with this agenda: the budget narrative memo from Ms. Krell, the draft budget summary of revenue sources by program, and the draft budget showing revenues and expenditures by program.

    He recalled that at the last meeting, he had given a high-level overview of the budget timeline and process. He reminded the Commission that the Mayor had requested a five percent reduction in General Fund expenditures in Fiscal Year 2012-2013, and a total of ten percent in the following year. For the Arts Commission, these amounts are $100,234 and $200,468 respectively. He has also requested a contingency cut of $50,117 in each year.

    Mr. DeCaigny said he was seeking the Commission’s guidance as to philosophy and values; how to approach making the cuts. He said that the documents he was presenting were a recommendation for the Commission to review, to comment on, and to amend as needed. He noted that the budget went through an extended and continuing process: the Mayor’s office may amend the Commission’s recommended budget, then it is subject to further review and revision by the Board of Supervisors Budget Analyst, and the Board of Supervisors has the final say.

    From a values perspective, Mr. DeCaigny said, he wanted to preserve all of the funds going out directly to the community, to both the Cultural Centers (including the virtual centers) and Cultural Equity Grants. Both of these, he noted, are funded by the General Fund. In difficult times like these, he argued, the arts ecology is strongest when arts nonprofit organizations are strong.

    He proposed two ways to meet the target cuts. First, he proposed supplanting not cutting $71,000 in funding for WritersCorps by diversifying and seeking new streams of revenue. There is currently a $10,000 work-order from the Library for WritersCorps; staff are in discussions with the Public Utilities Commission, which is interested in funding programming in the Bayview and other areas. He noted that the Community Arts and Education Program also funds the program, and he affirmed the agency’s 100% commitment to maintaining, and perhaps even growing, this award-winning program in the coming years.

    Second, he explained that the agency has three part-time temporary positions which were originally authorized to deal with the promotion of the Program Director of Cultural Equity Grants (“CEG”) to take over human resources and other responsibilities. These positions were intended to accommodate the shift in workload. Now that the Arts Commission again has a Deputy Director overseeing human resources responsibilities, the CEG Program Director can resume the program responsibilities. Mr. DeCaigny explained that the funding for those temporary positions has been expended, and their temporary authorization has expired. In order to facilitate a smooth transition, for both the temporary employees and for the program, two of the positions will continue through the end of April, and the third through the end of June. He reported that the agency is applying for one .5 full-time-equivalent (“FTE”) position to oversee grant compliance. He recognized the excellence of Cultural Equity Grants, with its focus on historically underserved communities, working with arts organizations to improve their budgeting and development. He added that it was the Arts Commission’s aim to work with community stakeholders and determine which of these capacity-building elements are most critical and valuable to them. He plans to work with philanthropic partners, building partnerships and capacity from a big-picture standpoint. He reiterated the commitment to preserving every grant dollar and preserving capacity.

    Mr. DeCaigny explained that he was working with staff and the Department of Human Resources (“DHR”) to make permanent several positions that are currently temporary, to better align with the organizational structure. He recalled that the Controller’s report said that staff morale was challenged, and pointed out that temporary appointments, with the accompanying lack of a sense of security and the confusion regarding classifications contributed to this low morale. He and staff are working to reconcile these issues in the budget and organization chart, to achieve parity across programs; in some cases, he said, two jobs have different classifications, even though the work is very similar. He said that a number of corrections were being made to get to a more appropriate organization chart.

    Mr. DeCaigny pointed out proposed one-time capital amounts, intended to cover maintenance of the Coit Tower murals, the Arts Commission’s move to the War Memorial Veterans Building, and a long-overdue update of the Arts Commission’s website. He explained that these were separate requests to the Mayor’s office, who will determine at what level they are funded.

    Turning to the reclassification of some positions, he noted that this requires changes to the budget, and that the City’s accounting system, FAMIS, autopopulates the required amounts into the budget document. He pointed out three FTEs that will be made permanent and have been temporary.

    Mr. DeCaigny explained that the three tables in the “Summary of Program Revenue Sources” gave a high-level overview of the budget. He noted that this was the first time the Public Art Program was shown in the budget this way, since it is funded through non-General Fund sources, traditionally “off-budget.” He said that he wanted the Commission to see their budget, even though it was not implicated in the General Fund cuts.

    Mr. DeCaigny added that there will be an opportunity to amend the second year’s budget in the next fiscal year. He pointed out that the budget proposes no increase to Street Artist fees, which will be maintained at the current level.

    He called for questions. President Beltran offered a summary of the budget, noting that it looks confusing to those not familiar with the process. She said that revenue sources for the Arts Commission are complex and multiple, and that the Mayor’s budget reductions apply only to the General Fund. She pointed out the General Fund amounts, and added that this was the first time the Mayor’s office was requesting a two-year budget from all departments, with some flexibility as to the second year. She reported that the Executive Committee had also discussed the budget. Pointing out the POP Concert funds going to Administration and to the Gallery, she noted that the Gallery was not getting an increase, but that funds allocated to the Gallery but included in the Administration line for FY 2011-2012 were being shown in the Gallery line in the FY 2012-2013 budget.

    Commissioner Chew said that this was fairly good, but not great, news. He wanted to highlight that the proposed budget preserves every dollar in grant funding, including grants to the Cultural Centers. He noted that there had been some misunderstanding, but he acknowledged that the agency was working very hard to preserve those dollars.

    President Beltran explained that when the Controller’s report came out, some people misinterpreted its findings to mean that the Commission was cutting funds for CEG and the Cultural Centers. She reaffirmed that the Commission is not cutting funds for either.

    Commissioner Keehn congratulated Mr. DeCaigny for coming up with a budget that does not cut those grant funds. Turning to the Public Art Program, she asked where funds from the Public Utilities Commission (“PUC”) were shown. Mr. DeCaigny explained that these funds were not included in the budget document. He explained that the work order with the PUC was not yet secured, and that he and Arts Commission staff would be meeting with them in coming weeks. He said that the PUC expected to have significant aboveground work in the coming three to five years, but could not forecast exactly which years for which projects. He explained that each of these projects will generate two percent art enrichment funds, and the PUC has expressed a commitment to allocating 35% to Public Art and 65% to Community Arts and Education. He noted that work has begun at 525 Golden Gate, but funds are not yet secured and not listed in revenues in the draft budget document.

    Commissioner Keehn asked about the Capital Planning Committee. Mr. DeCaigny said that he would ask Ms. Krell to talk about the Committee, but he explained that the draft budget listed only a baseline $20,000 for FY 2012-2013 and FY 2013-2014, since he couldn’t include any additional funds until they are actually awarded by the Committee. Ms. Krell explained that the Capital Planning Committee was first convened about three years ago, and has a ten-year capital plan for the City. She explained that voting members include representaties of major City departments, with major capital needs, along with the Mayor’s office and the Controller’s office. She explained that they consider requests Citwide, and will meet over the next few months to consider them as the budget is developed. In response to a question, she explained that the Arts Commission is represented, but does not have a vote on the Committee, and attends meetings when the Arts Commission is on the agenda. She explained that Arts Commission staff have put in the agency’s requests to the Committee, and will present when asked.

    In response to President Beltran’s question, Ms. Krell explained that the capital requests included HVAC work and roof replacement at the Cultural Centers, maintenance and restoration in the Civic Art Collection, and investment in the move to the War Memorial.

    Mr. DeCaigny explained that the request for funds to upgrade the Arts Commission’s website went to a separate commitee with a similar process, the Committee on Information Technology (“COIT”), which likewise takes Citywide requests and assesses them based on need and funds available.

    Commissioner Keehn asked for clarification about figures for Public Art. Mr. DeCaigny explained that the two-percent enrichment is based on development, and that the Arts Commission can’t control the amounts or when the projects come up. He said that the agency responds, and plans to be responsive, in years to come. He added that Public Art staff has done a great job with projects that they know to be coming down the pike. He noted that there was not a finite or fixed number of projects, and that it could change.

    Ms. Pontious echoed his comments, explaining that the amounts shown were based on known projects, that there are always new projects that come up, and those were not reflected in the current document. She said that there was a projected decline in large capital projects in the coming years. In response to President Beltran’s question, Ms. Pontious explained that the figures in the current document reflected City projects that staff knew were going forward. She said that there was no way to know or project any amounts based on changes in the Planning Code, and therefore such amounts were not reflected in the current proposed budget document.

    Mr. DeCaigny noted that a major project was drawing to a close. Ms. Pontious explained that by FY 2014-2015, work on General Hospital, the Public Safety Building, and 525 Golden Gate was expected to be completed; these were big projects finishing soon.

    President Beltran commended staff for an amazing amount of hard work, and for all their input and consultation.

    Community Arts and Education Program Manager Robynn Takayama spoke as shop steward for Service Employees International Union (“SEIU”), which represents the majority of Arts Commission staff, and which, she added, will represent even more if the budget is passed. She said that President Beltran was no stranger to complexity, and she knew that as Interim Director, President Beltran had heard frustration from staff who felt they were working out of class, and a lack of consistency in new hiring. But she didn’t think any of the staff felt how deeply they were wronged. Ms. Takayama said that the relationship between management and staff has grown much stronger, that Mr. DeCaigny has created an atmosphere where staff feel more comfortable discussing HR concerns, and there is an open invitation to meet with Ms. Krell.

    Ms. Takayama said that, as shop steward, she has brought forward eight cases for staff, and challenged the comp time policy. She was pleased to say that these have been worked through in congenial face-to-face meetings rather than having to go through a formal grievance process.

    She said that this budget represents a bold revisioning of the agency, building consistency into the organization chart that has been missing over the past couple of years. She noted that some program managers were hired as 3542, while others doing similar work were classified as 1842. She said that the budget responds to the Controller’s audit recommendation to better align actual job duties and classifications.

    Ms. Takayama said that SEIU is negotiating a new contract and has surveyed members for priorities; 90% of the Arts Commission’s members participated. She reported that priorities were job security, health care and addressing the issue of temporary/as needed workers. These workers, she said, are the most exploited and serve knowing they can be cut. She thanked Cultural Equity Grants Program Associates Corinne Matesich, Jaime Cortez and Sylvia Sherman for their dedication to the Arts Commission over the past three years, and called them valuable members of the staff. She said that leadership will need to make sure that the workload is adjusted, particularly with this reduction in staff, so that work can be completed in an eight-hour day, and a forty-hour week.

    Ms. Takayama said that, in order to continue to mount cutting-edge Gallery exhibitions and maintain WritersCorps at a level that has garnered the attention of the White House, it is important to figure out a way for these programs to receive grants that are only awarded to 501(c)(3) organizations. She argued that until this is resolved, there will be decreases in their budgets despite the proposal for consistent funding.

    Ms. Takayama said that it was important to resolve a number of contract violations incurred under earlier leadership, including claims of working out-of-class, which are being investigated; and claims for back pay totaling almost $15,000 for five workers, with increased pay rates moving forward (previously rejected by Payroll and DHR). She was confident that the cooperation, intelligence and creativity of current leadership, these issues would be resolved fairly.

    Finally, she said, this budget represents a new era with more transparency and collaboration with staff, and a deeper understanding of staff concerns. She called it a bold move to use this transition in leadership to overhaul the organizational chart to better reflect the work staff actually does.

    Public Comment:

    William Clark read from the appropriations ordinance, Section 10.01 and 10.02, regarding cash reserve funds and any surplus at the end of the fiscal year. He also cited Section 10.06 regarding encumbrances, saying that there is no obligation unless the Controller certifies it. He cited Section 2404 regarding the Street Artists examination fee, and funds credited. He said that he was citing these ordinances because at the January 30 Executive Committee meeting, he received this document from Street Artists Program Director Howard Lazar. He said that there was a lot of information and that the Commission was making appropriations not approved by the Board of Supervisors, that were not valid.

    Robert Clark said that the Controller’s audit said that it was improper for the Arts Commission to withhold funds from the fee. He said that now he doesn’t even know what the budget is for next year, that there are no papers breaking it down, and he has no idea. He contended that Mr. Lazar said there was a $28,000 surplus, and the artists received $1,927. He said that Mr. Cancel improperly assessed a fee in 2010, and that President Beltran assessed $19,950. He said that there should be approximate salary and benefits savings of $100,000, and that whatever the budget, approximately $100,000 should be subtracted. He said that street artist certificates must be reduced to approximately $510. He said that at the last meeting, President Beltran said that she charged the additional $19,950 because of the previous policy she was following. He said that Mr. Cancel stated that he was doing it without a policy. Mr. Clark accused President Beltran of an outright lie as to whether she was following policy, because there was no policy.

    President Beltran pointed out that there is a draft budget, and it was distributed to the public.

    Mr. DeCaigny pointed out that this budget was a proposal to the Mayor, and that there was no increase proposed to the license fee. He said that the program would access the surplus to cover the required slight increase in salary and benefits for program staff. He pointed out that the management and supervision fee had been approved by the Controller.

    Ms. Krell reiterated that this fee was approved by the Controller, and that it was based on head count, for two staff, at a rate of seven percent, and was applied to two salaries, hers and Mr. DeCaigny’s.

    There were no questions.

    President Beltran wanted to correct a statement attributed to her at the Executive Committee. She said that she had not said that the management and supervision fee was “policy,” but that it was the Controller’s advice. She explained that Ms. Krell worked closely with the Controller’s office to determine how the fee should be assessed, and that the agency is taking all of its actions with the advice and review of the Controller’s office.

    Mr. Warfield thanked Mr. DeCaigny for his report. He said that he had some concern about folks working in the Arts Commission, and making temporary positions permanent. He said that the Controller’s review said staff morale was challenged. He said that he was glad to hear that SEIU was apparently satisfied with some of the things that have happened since the arrival of the new Director. He said he would like a more general discussion, a separate agenda item, as to what has changed in response to the Controller’s report. He said that it was good to hear that the representatives of folks working at the Arts Commission are saying something good about the budget.

    He showed a picture of the mural on the Bernal Heights Library, and said that working women were honored on that mural. He said one could see portraits of four working women, including political and cultural workers. He said that the picture showed the mural when it was new, and that it is now very much worn, but could be restored. He said that it was nice to see working people honored, and he hoped SEIU would support restoration of the mural.

    There was no more public comment.

    President Beltran thanked Ms. Krell and Mr. DeCaigny for their hard work, saying that she’d heard they’ve worked every weekend in the past month.

    Mr. DeCaigny thanked staff, and the Controller’s office, for helping him with a steep learning curve.

    President Beltran called for a vote. The motion passed unanimously.

    RESOLUTION NO. 0305-12-083: Motion to approve proposed fiscal year 2012-2013 and 2013-2014 Arts Commission budget.

     

  7. Committee Reports and Committee Matters
    1. Executive Committee
      1. President Beltran reported that the Committee discussed the move to the War Memorial, the budget and a third item, a report from Director for Legislation and Special Initiatives Jill Manton on America’s Cup.

        Ms. Manton reported that the Arts Commission is part of a staff working committee organized by the Mayor’s office and meets fairly regularly to discuss what the City can do for the arts. She reported that Commissioner Keehn joined in for some of the meetings. Unfortunately, she explained, as people may have read in the newspaper, there is no separate allocation for the arts. She said that what the group has been able to promise is to provide a link, to allow people to search for arts events and activities by venue, location, media, schedule, etc., in an all-inclusive list. She said there would be no screening, so that a piano recital in the Richmond would appear just like a major performance. She said that the event authority, after hearing from the arts community, is starting to pay more attention to the arts. She said that some members have spoken to her about underwriting temporary artworks, perhaps on the waterfront. She said that she and Mr. DeCaigny will meet with the director and public relations director shortly, to discuss the possible temporary displacement of street artists from Justin Herman Plaza. She said they had hoped to have additional spaces, but those may be needed just to replace the ones lost.

        President Beltran said that she knew Ms. Manton was working very hard, and that a lot of things are now up in the air because of limited funds.

        Commissioner Miguel said that there is a large body of work showing sailing ships from the mid-1800s, and that it has been viewed by enthusiasts. He thought there might be an opportunity to put together an exhibit. He noted that the trials are this year, and there is not a lot of time. He said that at Pier 27, there was potential for a halfway decent cruise ship terminal. He thought that something planned for that site would draw some attention to it.

         

    2. Civic Design Review Committee—Cass Calder Smith, Chair
      1. 1. In the absence of Commissioner Smith, Commissioner Chow reported that the Committee met on February 13 and reviewed four projects. He reported that the first was a result of a bond passed in 2008, which was passed to address the condition of some of the City’s public restrooms, some of which are in desperate need of repair or replacement. He explained that this particular project came for Phase 3 review, with some conditions on its previous approval, including adjustments for Americans with Disabilities Act (“ADA”) compliance.

        President Beltran said that there were some really cool restrooms.

        Commissioner Chow said that the second project, on a somewhat different scale, was an air traffic control tower at the San Francisco Airport. He explained that it was placed on a very small site between T1 and T2, and it came to the Committee for initial concept review. He said that the Committee noted that this was a congested site, and needed to accommodate many elements. He reported that the Committee felt that the team did a very good job negotiating the requirements, and as is typical, the Committee made many recommendations to them.

        Next, he reported, the Committee reviewed Daggett Park, a private development project in a public park. He said that they thought it was very nice, located between 16th Street and 17th Street, between two residential buildings, and incorporates a dog run along with other features. He reported that the Committee gave Phase 2 approval with some comments.

        The fourth project he reported on was a restroom for the use of Municipal Transportation Agency operators on Phelan Avenue and Ocean Avenue. He explained that the project was part of an overall design for a transit hub, and was previously rejected with many comments. He said that the project came back much improved.

        Commissioner Breitenberg noted that the Committee does spend a fair amount of time on restrooms. He said that the Phase 1 presentation of the air traffic control tower was great, and that the airport will have an iconic structure. He thought this was the most exciting project he has yet worked on with the Commission.

        Commissioner Miguel noted that the Daggett Park project also includes senior housing, and is located on the site of a former paint factory.

        Public Comment:

        Mr. Warfield said that he was sorry to have missed that meeting. He said that restrooms are very important and they enable people to go around the city. He said that benches are also important. He called City Hall a palace of restrooms, with some of the finest public restrooms. He said that there was a time in the past when restrooms were kind of small palaces, with a lot of thought given to them, a lot of civic pride, that the public could enter, make use of for free, without having to pay a quarter; this was a point of civic pride. He said that he would like to see more projects like this. He said that in certain places, they have signs that restrooms are for customers only, and unfortunately not everyone is free to use them. He offered to lend anyone his book, The Bathroom.

        Mr. Warfield said that the Golden Gate Library had a beautiful urinal with multiple folds going all the way down to the floor, with a crazed finish. He said it was “one size fits all,” that one could be a midget, one foot tall or seven feet tall, and still use it. He said that now he sees small urinals for children, and a separate one for adults.

        President Beltran said that if one has ever used the restrooms in City Hall, one will see that they are quite luxurious, with marble, wood and real brass fixtures, rivaling the ones at Nordstrom. She said that she hadn’t checked out the urinals. She said that the City had iconic bathrooms and would have an iconic tower.
         

    3. Community Arts, Education and Grants Committee
      1. Vice President Melania presented the following motion:

        RESOLUTION NO. 0305-12-084: Motion to approve the following individual as a grants application review panelist for Cultural Equity Grants: Wayne Vitale, composer, performer, teacher, instrument conservator, and arts administrator
         

      2. Commissioner Ordeñana reported that Community Arts and Education (“CAE”) Program Director Judy Nemzoff presented a report on the CAE program, which was a great opportunity for orientation to their many projects. He said that there was a report on the Cultural Centers, including discussion on the their current needs, and plans for moving forward. He added that Community Arts and Education Program Manager Robynn Takayama presented an update on The ARTery Project, and noted that the Committee approved the thirteen Arts and Communities: Innovative Partnerships Grants just approved in today’s Consent Calendar above.
         
    4. Street Artists Committee—Gregory Chew, Chair
      1. Commissioner Chew reported that the Committee met on February 22, and he thanked and acknowledged Commissioners Chuang and Calloway for their delicate and masterful handling of complaints heard by the Committee. He also thanked Mr. DeCaigny for his participation.

        Commissioner Chew reported that the fortieth anniversary of the Street Artists Program was coming up this summer, and that the Committee discussed plans for marking it.

        He presented the following motion, for the approval of licenses for artists previously screened and participating in the program.
         

      2. RESOLUTION NO. 0305-12-085: Motion to approve requests by former certificate-holders for priority issuance of certificate with waiver of re-screening of wares: Eric Ruston, Hsien Jen Chiu, Lynn Sunday, Virginia Travers, Zhong Yu Wang, Marc Melancon, Shui Kuen Yu, Santiago Alonso.
         
    5. Visual Arts Committee
      1. Commissioner Keehn reported that the Committee had 23 items on its agenda, and that Public Art staff is hard at work. She wanted to highlight a couple of projects. In the Public Safety Building, artworks by Paul Kos and Shimon Attie are both moving forward, as is work on the Central Subway Fourth and Brannan station. The Committee was also excited about the control tower at the Airport; she noted that she sits on both the Visual Arts and Civic Design Review Committees, both of which discussed the project.

        Commissioner Keehn commended staff for finding additional funds for the Central Subway, allowing for additional art in the Chinatown station. She also commended Ms. Manton for facilitating a partnership with Rena Bransten Gallery to temporarily install several sculptures by Jun Kaneko at the War Memorial and the Civic Center.

        Commissioner Chew reported on a temporary installation outside the Asian Art Museum coming in May: an inflatable motorized lotus by an artist from Seoul, Korea, large but not as big as Zhang Huan’s Three Heads, Six Arms.

        President Beltran praised the work of Public Art Program Manager Marcus Davies for a great job on the Michael Bartalos artwork for Mission Playground. She reported that the fences will be realized soon.

        She added that Commissioner Keehn was instrumental in the process of the incredibly exciting Bay Lights project approved in the Consent Calendar above. Commissioner Keehn explained that it will, if realized, be the largest light sculpture in the world, at a cost of $7,000,000 for fabrication, installation and removal after two years. She has known the artist for years. She said that $4,000,000 of the total $7,000,000 has been raised, $3,500,000 in the last week. President Beltran reiterated that the Commission has endorsed and not funded the project, and that there will be no cost to the City. Commissioner Keehn said she had been pleased to see all of the public entities, including the Bay Bridge authority, come together to move the permitting process forward.
         

  8. Public Comment
    Mr. Warfield said that he had some questions as to what has gone back and forth, in and out of obscurity, in regard to the Bernal Heights mural removal and replacement plans. He said there has been a lot of back-and-forth between the Library and the Arts Commission and hoped the Commission could clarify the role of the Arts Commission as to removal and replacement. Second, he said, the status of the mural was unclear to him. He said that in August, the Arts Commission had approved a plan to replace the front and side portions of the mural with tile. He said that he had been told informally that the project had only conceptual approval, and that the color palette had not been approved. He said that there were some discussions after than, and he was not clear what has happened, and what needs to happen, regarding removal and replacement of the mural.

    Second, he asked about Cultural Equity Grants, which seemed not to have a role. He said that the funding and approval were not clear to him. He said that, on some level, he was glad the Arts Commission had not gone forward with plans to destroy a thirty-year-old mural.

    President Beltran asked Public Art Program Director Susan Pontious to address this question.

    Ms. Pontious said that the role of the Arts Commission is limited to two areas: first, approval of design, and second, approval of removal of existing murals. She said that these two areas, charter-mandated, are because the mural in question is on a City building. She said that the Commission did approve the original murals in 1979, and if there were new murals, the Arts Commission would have to approve their removal. She said that the Arts Commission gave conceptual approval to the new murals, and as part of the process, there are still outstanding documents which have not yet been received.

    She said that the matter was tentatively scheduled for the Visual Arts Committee in March, assuming that the Commission receives all of the outstanding documents by March 15. If not, she said, the matter would be deferred to a later time.

    In response to a question from President Beltran, Ms. Pontious explained that some documents have been requested from the Library, and that the Visual Arts Committee heard the matter in some detail in 2009. She said that the community process had been spearheaded by Supervisor Campos, that some people vehemently wanted the murals to stay, some wanted them removed, and some wanted new murals.

    She said that the Bernal Library Art Project (“BLAP”) chose two artists, who met with community members and came up with proposals to develop new murals that honored the existing murals. She said that Arts Commission staff has asked for documentation of the process and community feedback for the new murals. She said that letters of support and the BLAP plan have not yet been received.

    There was no further public comment.
     

  9. New Business and Announcements
    President Beltran distributed new Committee assignments and asked if there were any questions; there were none.

    Public Comment:

    Mr. Warfield asked to see the list of Committee assignments, and said he would like to hear more announcements of activities going on. He said that at the first meeting of the full Arts Commission he had attended, he heard an announcement of an event which he went to and found fascinating. He said the Commission should have more announcements.

    There was no further public comment.
     

  10. Adjournment
    There being no further business, the meeting was adjourned at 4:49 p.m.

     

    3/26/12 spr