February 4, 2013 | San Francisco Arts Commission

Full Commission - February 4, 2013

MEETING OF THE FULL ARTS COMMISSION
Monday, February 4, 2013
3:00 p.m.
City Hall Room 416
1 Dr. Carlton B. Goodlett Place

Minutes

Commission President JD Beltran called the meeting to order at 3:05 p.m.

Roll Call
Commissioners Present
JD Beltran, President
Sherene Melania, Vice President
John Calloway
Gregory Chew
Leo Chow
Amy Chuang
Charles Collins
Dorka Keehn
Roberto Ordeñana
Cass Calder Smith
Kimberlee Stryker
Commissioners Absent
Jessica Silverman
Barbara Sklar
Gwyneth Borden, ex officio
Approval of Minutes
Before taking up the minutes, President Beltran and other Commissioners noted the great accomplishment of the San Francisco 49ers in going to the Super Bowl.
Noting a large number of public comment cards submitted, and members of the public in attendance, President Beltran asked for a show of hands of people who intended to make public comment. She explained that there was a time constraint because the Youth Commission had the room at 5:00 for its meeting, but determined that three minutes could be allowed for public comment. She also explained that it was not required to state one’s name to make a comment, that speakers could remain anonymous.

She called for public comment on the minutes.

Public Comment:
Paula Datesh said that this was her third time asking for the November 2012 Street Artists Committee minutes to be rewritten. She said she had gone to the Ethics Commission, and that they saw obvious violations. She said she also contested the October 2012 meeting of the Advisory Committee of Street Artists and Crafts Examiners. She said it was a public meeting and public comments should be recorded. She said it was not recorded and not on the website. She said that at the last meeting, she turned in a speaker card and didn’t understand what more clarification Street Artist Program Director Howard Lazar wanted. She said that he told people there not to engage her, and that he carried a small recording machine as he walked around, and that a lot of the discussion was not recorded. She said that he covered the recorder part of the time. She said that she also contested the fact that Executive Committee for the past three years were not yet posted. She said there was a duty to the people of the City and County to let them know what was going on, where money was going. She said that as an outsider from New York, it was next to impossible to understand.

There was no further public comment and the minutes were approved as submitted.

RESOLUTION NO. 0204-13-028: Motion to approve January 7, 2013 Minutes.
President’s Report
President Beltran reported that there was a fantastic celebration of the Mayor’s Art Award on Tuesday, January 29 in the City Hall Rotunda. Along with Mayor Lee, Supervisor London Breed was among the speakers honoring Rhodessa Jones, an amazing artist and performer. Mr. DeCaigny added that Ms. Jones had been a leader in community arts for years, and was the co-director and co-founder of Cultural Odyssey, which is housed in the African American Art and Culture Complex. He explained that she had also founded the Medea Project: Theater for Incarcerated Women, which has transformed lives locally and across the country. He added that Ms. Jones has taken that model to Johannesburg, South Africa, and that she is an exemplar of the power of art to transform lives. He announced that Ms. Jones has an upcoming solo performance opening at Brava Theater Center on March 28. He agreed that the Mayor’s Art Award was a wonderful celebration, and thanked the community, Commissioners and the Mayor for their participation. He also thanked the sponsors of the event, including the San Francisco Examiner for food costs, and Treasure Island Wines and Neuro for beverages. He also thanked the Mayor’s office for waiving the rental fee for the Rotunda.
President Beltran announced that the Heyday book, San Francisco: Arts for the City—Civic Art and Urban Change, 1932-2012, has been released and available for sale. She said it has had a great reception so far, and will be covered by two writers for the San Francisco Chronicle’s pink pages.

There was no public comment.
Director’s Report
Mr. DeCaigny reported that the Mayor hosted a breakfast meeting with the Office of Economic and Workforce Development (“OEWD”), Supervisor Jane Kim, developers, San Francisco Foundation Chief Executive Officer Sandra Hernandez, and a representative of the Rainin Foundation, to discuss the Central Market Arts and Culture district, and the possiblity of new spaces for arts and culture organizations. Mr. DeCaigny pointed out the important role of arts and culture in tourism, generating some $1.7 billion for the City. He reported that OEWD will do further analysis of development and what incentives might be most beneficial for arts and culture.
Mr. DeCaigny reminded Commissioners that they recently received notification that their annual filings of the Statement of Economic Interests (Form 700), and the Sunshine Ordinance Declaration will be due on April 2. He pointed out that Arts Commission staff is responsible for reporting on the timely filing, and reminded Commissioners of the online training on the City Attorney’s website.

Public Comment:
Ray Hartz of San Francisco Open Government submitted the following written statement.

“‘If the shoe fits, wear it!’ In my comments at previous meetings I noted failures to conduct meetings in accordance with the Sunshine Ordinance. This agenda item notes the annual requirement for filing of Sunshine Declarations. For most members of this commission, this requirement is nothing new. It would seem however, that despite repeatedly taking the required training and submitting the Sunshine Declaration annually, the training just didn’t seem to take! As I have noted before, along with other open government advocates, it would seem time to contact the Sunshine Ordinance Task Force, and through its Education, Outreach and Training Committee, arrange training at a minimum for your committee chairpersons. Thomas Aquinas teaches that willful ignorance of what one ought to know is a mortal sin. Persons who accept a position of public trust on this Arts Commission have an obligation to carry out their responsibilities in a lawful manner!”

Mr. Hartz added that he gets dead silence or open hostility in response to his comments, and he was sorry the Commissioners felt it was too much to ask to conduct meetings lawfully.

Mike Addario, past chair of the street artist liaison committee, said that there seemed to be lingering resentment by some staff and Commissioners since the previous administration, about individuals who warned that the Street Artists Program was mismanaged, money was being stolen and spaces were in danger of being lost. He said these warnings were ignored, yet were later validated. He said that staff appeared to have convenient amnesia, forgetting the promise to be more transparent. He said that under the previous administration, a contract was awarded to an artist who shot a dog, the prior director was telecommuting from Brazil, an artist was funded who installed pornographic images on tiles on a school. He said there were two critical reports from the Controller’s office, and one from the Civil Grand Jury which said the program was badly mismanaged and should be under the jurisdiction of the Office of Small Business. He said that the Arts Commission was a government agency, and this money did not belong to the Arts Commission, the Commission did not fundraise for this money, and that the agency continually struggled to manage it appropriately.

Ms. Datesh said that Sunshine training was online, and asked that staff be trained, the same as Commissioners. She said that minutes were so badly written, that she has had to change her name because she was slandered. She said that people have spoken well beyond three minutes at meetings, and people should be trained.

There was no further public comment.
Consent Calendar
President Beltran severed agenda items 10 and 23 of the Consent Calendar, regarding the Rainbow Honor Walk and Cultural Equity Initiatives (“CEI”) Level One grants, respectively, to allow Commissioner Ordeñana to recuse himself. He explained that the Rainbow Honor Walk group has rented space from his employer, the San Francisco Lesbian Gay Bisexual Transgender Community Center; and that proposed CEI grantee Queer Rebel Productions is a fiscally sponsored project of the Queer Cultural Center, which also rents space from his employer.
Commissioner Ordeñana left the room, and President Beltran called for a vote on items 10 and 23 of the Consent Calendar.

There was no public comment, and the two motions were approved as follows, with the recusal of Commissioner Ordeñana.

RESOLUTION NO. 0204-13-039: Motion to approve the Rainbow Honor Walk plaque design and placement.

RESOLUTION NO. 0204-13-052: Motion to approve recommendations to award thirteen grants totaling $282,860 in the 2012-2013 cycle of Cultural Equity Initiatives Level One grants to the following organizations, and to authorize the Director of Cultural Affairs to enter into grant agreements with each for the amounts listed below:
ABADA Capoeira San Francisco, $25,000
Acción Latina, $21,250
African American Shakespeare Company, $25,000
Anne Bluethenthal and Dancers (ABD Productions), $21,250
Asian American Women Artists Association (AAWAA), $25,000
Asian Pacific Islander Cultural Center, $25,000
Au Co Vietnamese Cultural Center, $21,250
Bayview Hunters Point Center for Arts & Technology (BAYCAT), $15,000
CubaCaribe, $23,800
Genryu Arts, $21,250
Lenora Lee Dance, $18,710
Melody of China, Inc., $25,000
Queer Rebel Productions, $15,350

Commissioner Ordeñana returned to the meeting, and President Beltran called for public comment on the remainder of the Consent Calendar.

Public Comment:
Mr. Hartz submitted the following written statement:

“The consent agenda consists of over 20 separate items, covering numerous projects and potentially the expenditure of millions of dollars of public funds. While some members of the public might assume that all of these items were covered in a committee meeting, that is often not the case! When I attended the last meeting of the Executive Committee, it ran for over an hour and a half and then the public was made aware that quorum would be lost in less than 30 minutes. At that point, agenda items were announced, a motion was made, and a vote taken on some items without discussion. So, if you are all voting based on the premise that meaningful discussion was held, it may be true or it may not! It seems that you seem more concerned with ‘getting out on time,’ than in maintaining the quality of the decision-making process.”

He said that this was how the Commission got in trouble with the former leadership, and Commissioners let staff tell them what to do, nodding their heads like little dogs in a car. He said that every item passes with 100% agreement, and he didn’t think it was plausible that the Commission was really looking at the millions of dollars spent. He said that anyone watching or listening to the meeting would question it, and he has never seen any political body that agrees unanimously. He said it was unacceptable.

There was no further public comment.

In clarification, President Beltran noted that the Executive Committee meeting ran very long, with participation by upwards of 30 people regarding the Street Artists Program, and the Committee sought and heard their public comment. She noted that because of that discussion, and questions from Commissioners, the Committee did not approve the budget, but requested further information and clarification from staff. She said that another matter on the Executive Committee’s agenda was the approval of Cultural Equity grants which would ordinarily have been heard at the Community Arts, Education and Grants Committee. That Committee was unable to meet, and the Executive Committee took up the grants to avoid further delay in funding the artists and arts organizations. She added that this discussion took a long time because the Interim Cultural Equity Grants Program Director painstakingly explained to the Committee the goals of the grant program, how the panel process worked, and the qualifications of the panelists and the grantees, so the Committee could make an informed decision.

President Beltran said that the Commissioners asked questions, and that she doesn’t think the Commission has to disagree in order to have a thorough process.

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

RESOLUTION NO. 0204-13-029:
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. 0204-13-030: Motion to approve the Civic Design Review Committee Meeting Minutes of December 17, 2012.
2. RESOLUTION NO. 0204-13-031: Motion to approve the Street Artists Committee Meeting Minutes of January 9, 2013.
3. RESOLUTION NO. 0204-13-032: Motion to approve the Civic Design Review Committee Meeting Minutes of January 14, 2013.
4. RESOLUTION NO. 0204-13-033: Motion to approve the Visual Arts Committee Meeting Minutes of January 16, 2013.
  Street Artists Committee Recommendations (January 9, 2013)
5. RESOLUTION NO. 0204-13-034: Motion to authorize the Program Director to request the Board of Supervisors for permanent designation of five (5) street artist selling spaces on Market Street, north side, between Spear and Steuart streets with a provision for artists not to use the spaces during large events.
6. RESOLUTION NO. 0204-13-035: Motion to approve re-issuance of former certificate number (#3629) to street artist Tanya Key (currently #7885).
7. RESOLUTION NO. 0204-13-036: Motion to approve authorization of Street Artists Program Director to contract with City-approved vendors for jobs not exceeding $1,000 in painting and re-painting markings of street artist sales spaces subject to applicable City contracting provisions, certification of funds by the Controller’s office, and in consultation with the City Attorney’s office.
8. RESOLUTION NO. 0204-13-037: Motion to rescind Arts Commission Resolution No. 65-89-228 (Granting Priority in Issuance of New Certificates to Former Certificate Holders), adopted June 5, 1989, and to adopt a new resolution regarding Priority in Issuance of New Certificates to Former Certificate Holders in order to authorize the Street Artists Program Director on behalf of the Executive Director of the Arts Commission (the “Director of Cultural Affairs”) to approve requests by former certificate-holders whose certificates have been expired for no longer than two (2) years, for issuance of new certificate with waiver of re-examination of their wares providing that such artists sell only the same items for which they were previously screened and issued a certificate and who have demonstrated ongoing compliance with the Street Artists Ordinance and corresponding regulations for the past three (3) consecutive years.
9. RESOLUTION NO. 0204-13-038: Motion to authorize Street Artists Program Director to approve requests by certificate-holders for re-issuance of their previous certificate number where such number remains available.
  Civic Design Review Committee Recommendations (January 14, 2013)
10. RESOLUTION NO. 0204-13-040: Motion to approve Phase 3 of the Cabrillo Clubhouse and Playground Renovation.
11. RESOLUTION NO. 0204-13-041: Motion to approve Phase 1 of Earthquake Safety and Emergency Response Bond (“ESER”) 1, Fire Station #16.
  Visual Arts Committee Recommendations (January 16, 2013)
12. RESOLUTION NO. 0204-13-042: Motion to approve the site and final design of Ever Upward, a six-foot metal sculpture mounted on an eight-foot concrete column overlaid with mosaic tile by artists Isis Rodriguez and Jason Gilmore which will be installed at the northwest corner of Geneva and Mission streets. The sculpture is part of the Geneva Gateway Beautification project sponsored by Excelsior Action Group, funded by the Community Challenge Grant Program and the Office of Economic and Workforce Development and supported by the San Francisco Municipal Transportation Agency.
13. RESOLUTION NO. 0204-13-043: Motion to rescind Resolution No. 0507-12-146 authorizing the Director of Cultural Affairs to enter into contract with Amy Blackstone for design, fabrication, transportation and installation of an artwork for Father Alfred E. Boeddeker Park in an amount not to exceed $25,600.
14. RESOLUTION NO. 0204-13-044: Motion to authorize the Director of Cultural Affairs to enter into contract with Amy Blackstone for design, fabrication, transportation and installation of an artwork for Father Alfred E. Boeddeker Park in an amount not to exceed $32,560.
15. RESOLUTION NO. 0204-13-045: Motion to approve Colette Crutcher’s final design for an artwork at Cabrillo Playground.
16. RESOLUTION NO. 0204-13-046: Motion to approve the final design for Amy Ellingson’s artwork for San Francisco International Airport’s Boarding Area E in Terminal 3.
17. RESOLUTION NO. 0204-13-047: Motion to approve the selected finalists for the Central Subway Union Square Market Street Station Glass Elevator and Deck Public Art Project: Amy Ellingson, Jim Isermann, Clare Rojas, and Jennifer Starkweather and Amanda Hughen.
18. RESOLUTION NO. 0204-13-048: Motion to approve the Central Subway: Construction Barricade Temporary Art Project Outline for a program of temporary artwork on the barricades for Yerba Buena/Moscone and Chinatown Stations during construction from approximately mid-2013 through 2018.
19. RESOLUTION NO. 0204-13-049: Motion to approve the Project Outline for San Francisco General Hospital Emergency Room Entry Wall Public Art Project.
20. RESOLUTION NO. 0204-13-050: Motion to authorize the Director of Cultural Affairs to increase Merge Conceptual Design’s contract from $47,000 to $90,000 for Design Development and Construction Documents for their artwork for the Public Safety Building.
21. RESOLUTION NO. 0204-13-051: Motion to approve the final clay design by Jonah Hendrickson of the bust of Mayor Adolph Sutro to be installed at San Francisco City Hall.
  Executive Committee Recommendations (January 28, 2013)
22. RESOLUTION NO. 0204-13-053: Motion to approve recommendations to award four grants totaling $390,000 in the 2012-2013 cycle of Cultural Equity Initiatives Level Two grants to the following organizations and to authorize the Director of Cultural Affairs to enter into grant agreements with each for the amounts listed below:
  Galería de la Raza, $100,000
  Zaccho Dance Theatre, $100,000
  Chinese Cultural Productions, $100,000
  509 Cultural Center/the luggage store, $90,000
23. RESOLUTION NO. 0204-13-054: Motion to approve the following individuals as grant application review panelists for Cultural Equity Grants:
  Renny Pritikin, Senior Adjunct Professor, California College of the Arts
  Mimi Lok, Executive Director/Editor, McSweeney’s Voice of Witness Series
  Ani Rivera, Executive Director, Galería de la Raza
  Karen Lindblom, Associate Director, External Relations, Stanford Center on Philanthropy and Civil Society
24. RESOLUTION NO. 0204-13-055: Motion to approve the Department of Public Works, notwithstanding Section 6.64 of the San Francisco Administrative Code, to modify its As-needed Architectural Services Contract with Tom Elliot Fisch, DPW Order No. 178,844, to complete the design and engineering services for the Bayview Opera House, a property owned by the Arts Commission and located at 4705 Third Street, by adding $150,000 and allowing contract service orders to be issued after three years from the date of award.
Committee Reports and Committee Matters
1. Executive Committee—JD Beltran, Chair
  1. President Beltran reported that the Committee had a lengthy meeting, and that Deputy Director and Chief Financial Officer Rebekah Krell presented the proposed budget for Fiscal Years 2013-2014 and 2014-2015. She reported that there was full discussion, with a great deal of discussion about the proposed increase in the Street Artist license fee.
    Mr. DeCaigny explained that in response to public comment and the Committee’s request for additional information, staff has supplied additional documents, which were posted and distributed with the agenda for the present meeting.
    
    Ms. Krell explained that the agency was required to submit its budget to the Mayor’s office on February 21, and would work with them over the spring. The Mayor’s office submits a complete and balanced budget for the City on June 1 to the Board of Supervisors. The Budget and Finance Committee will review it and hold hearings during the last two weeks of June, and the full Board will vote on it at the end of July. She explained that the final approved budget will be signed by the Mayor at the end of July or in August.
    
    Ms. Krell reviewed the points in her memo and presented the budget documents for the Commission.
    
    President Beltran pointed out that the current budget has a different allocation of costs from budgets under the prior Director, which had requested 20% of the budget for each program for administration. She said the problem was that these funds were pooled and used for several overall administrative costs, but there was no appropriate accounting, leaving a lot of leeway for other uses. She explained that when she took the position of Interim Director, she requested a review by the Controller of the accounting practices; they recommended the current method of allocating administrative overhead by staff headcount for each program as most appropriate.
    
    Commissioner Collins asked about the Hotel Tax Fund; Ms. Krell explained that the Mayor’s office decided the allocation would remain stable. Commissioner Collins asked why it would not rise with the increase in hotel occupancy. Mr. DeCaigny said that the Hotel Tax legislation does allow it to fund items in addition to the arts, and in the face of deficits, the City looked to all its resources to balance the overall budget. He explained that he has relayed the Commission’s concerns on this matter to the Mayor’s office, and ultimately it is not the Arts Commission’s decision.
    
    In response to a question from Commissioner Chew, Ms. Krell explained that the Street Artists fee increase would be effective after September.
    
    She reviewed the budget by program spreadsheet, and explained that the City was required to balance its budget each year and cannot carry a deficit; likewise, the Arts Commission had to proposed a balanced budget without a deficit.
    
    She explained that the Public Art Program was funded primarily by percent-for-art funds, which are not discretionary.
    
    Mr. DeCaigny said it was important to show the context of programs in relation to each other and to the whole agency. He said that typically, administrative overhead is larger that the Arts Commission’s 11.38%. He said that the agency absorbed the majority of budget cuts over recent years in administration, which makes oversight, management and overall capacity challenging. But he said it has been a priority to keep money going out in programs and services to the community.
    
    President Beltran pointed out the breakout of expenses for the Street Artists Program, with detail supplied in response to requests at the Executive Committee meeting.
    
    Ms. Krell explained that the budget included two full-time staff, whose salaries and benefits are determined by Citywide memoranda of understanding (“MOU”), not by the Arts Commission. President Beltran confirmed that the agency could not modify those amounts.
    
    Ms. Krell reviewed the remaining line items. Mr. DeCaigny pointed out the breakdown of overhead administrative expenses, prepared in response to the discussion and Commissioner Chow’s request. He pointed out the allocation by full-time-equivalent position (FTE) by program.
    
    Vice President Melania thanked Ms. Krell for the Street Artists fee projection information. She asked whether, given the numbers, and given that the program must be self-sustaining, the fee increase is vetted by the City Attorney’s office. Ms. Krell replied that it is vetted by the Controller, and reviewed and approved by the Board of Supervisors, and would not ordinarily be reviewed by the City Attorney unless the agency made a specific request. Mr. DeCaigny confirmed that the Controller’s office is the compliance body for the City that insures that any cost allocation methodologies, or any costs, are appropriate to charge to the program.
    
    President Beltran asked Ms. Krell to confirm that all of the budget process was under the scrutiny and approval of the Controller’s office. Ms. Krell assured her that it absolutely was, and that she and accounting staff worked closely with them to prepare the budget.
    
    Ms. Krell emphasized that since the Street Artists Program was solely administrative, all of the primary expenditures—salaries and benefits—increased annually according to the Citywide MOUs. Mr. DeCaigny explained that the fee had not increased at all over the previous three years because it was subsidized by prior-year savings, and that surplus will be spent down this year, leaving an anticipated deficit by the end of this year. He recommended that the Commission consider annualizing fee increases so that the street artists, as responsible business owners, can plan for the increases yearly. He explained that because the increased program costs from year to year have not been reflected in annual fee increases, the current fee increase is greater than it would have been had it increased gradually over the past three years.
    
    He added that there was no way to balance the budget without tying the fee to the contractual increases in salaries and benefits without subsidizing the program with funds from other programs or some other source. He acknowledged that this was a significant increase this year, and regretted that it had not been spread out over prior years. He pointed out that with a lot of work with the Controller’s office, the agency now had a much better handle on the budget, with a new administrative cost allocation that was much more accurate, with parity for all of the programs, and reconciling the costs and fees for the Street Artists Program.
    
    Commissioner Chew said that when he first came to the Commission, there were more than 450 artists, and there are now 375. He said that at one point in its history, the program had as many as 900 artists. He suggested thinking about outreach, so that with more artists, the fees might be lower for each one.
    
    President Beltran called for public comment.
    
    Public Comment:
    Mr. Addario said that apparently the Commission doesn’t know what the artists do. He said that in Venice Beach, artists pay nothing, while the San Francisco program charges $800. He said that a document came to his attention through a Sunshine request, showing that Evelyn Russell [a prior Street Artists Program Associate] was paid two grades higher because she had experience working with difficult and indigent people. He said this was discrimination and there would be an objection to paying someone more to deal with gay people, or black people, or Chinese people, or some other protected class. He said that the artists were protected under the Fourteenth Amendment, and they were not a cash cow. He said that the program was charging $58,000 for administration, and when the program blows up, each one of these people has helped to destroy the program. He said that the number of artists who will pay the higher fees is overestimated, since ten to fourteen artists are disabled veterans who don’t pay anything, and some people have already paid their fees into the next fiscal year. He said that prime spaces on the waterfront have already been lost, and when there’s a movie, spaces are lost. He argued that the Commission owes the artists $102,000 already and will owe over $500,000 because of its gross negligence and overlooking someone who didn’t do his job.
    
    Kathy Hallinan referred Commissioners to the letter she had previously submitted, which was posted with the agenda. She said the budget should not be passed, that this was a critical time for the street artists, who have lost every space on Fisherman’s Wharf, and the Port was not agreeing to give them back. She said this was a gigantic loss of income. She said that it was hard to take having to pay for a police officer at every meeting, and asked what other agencies did this. She said that security was never really an issue, and that although the artists might be emotional, this did not require paying a police officer. She said it made the artists look bad before the public and before the Commission.
    
    Ms. Hallinan said the program had to operate within its budget. In regard to the Sunshine costs, she quoted Abraham Lincoln, that if you tell the truth, you always know what you said. She said that Street Artists Program staff should answer questions and tell the truth in real time. She said that the Sunshine requests had to be used because answers were not forthcoming, and the Clark brothers got answers with them. She said that the artists have to tighten their belts, and so does the office. She said they didn’t need two employees, that the paper and supplies are what run the program. She said that she volunteers on the lottery, and volunteers do most of the work. She said they didn’t need two full-time staff, or police at the meetings.
    
    Dick Knoble said that he was a long-time street artist, and there used to be 700 or 800 people in the program, with lotteries of 400 or 500 on a weekend. Now, he said, there are maybe 50. He said the lost spaces on Jefferson Street need to be replaced, and raising the fees hurts people who are just barely making it. He said the same street artists are out every day, and it takes selling every day to make expenses.
    
    An anonymous speaker said he almost hadn’t come to the meeting, and felt his concerns fell on deaf ears. He said the Commission didn't hear the artists’ problems. He said he didn’t know whether the Commissioners thought the artists were exaggerating. He said the loss of the Jefferson Street spaces was huge, and after that he couldn’t make his monthly bills. He said that it sounded fabricated to say that the program is giving the artists services. He asked if they were joking about marketing, and the integrity of the program, that there is no integrity, only lost spaces. He said he was a committee member, in the program for twenty years. He said no one had asked them how the money should be handled. He said that a fee hike at this point is like a gratuity on the Titanic. He said the question should be how to help, not screw, the artists. He said that Mr. DeCaigny’s predecessor lost his job because of fraud, and the speaker hoped Mr. DeCaigny would be different. He said the artists need help, not to have the fees raised. He asked staff to stand up to the Port, and said he would meet any time.
    
    Brian Hopper said he joined the program in 1980, and the fee was $80. He said this was a tenfold increase. If sales tax had risen the same amount, it would have gone from 6.5% to 65%. He said that it was really egregious to raise the fee at this time, with the loss of the best spaces on the waterfront.
    
    Ms. Datesh said she would be happy to pay under certain provisions. She said that it was next to impossible to get answers to her questions. She said she had made an appointment for 1:00 with Ms. Krell, but no one was there when she arrived. She said she has simple questions, and she doesn’t ever get responses. She would be happy to pay the fee if she gets answers.
    
    She said that at the lottery the previous Saturday, the spaces are ten by ten feet, with a four-foot table. She said that a customer complained that she was in his space. She said she didn’t say anything but continued what she was doing, and three squad cars came. She said she was in compliance, and the person couldn’t put together two coherent sentences. She said she would be happy to pay the fee, and was happy that people volunteered their time.
    
    Mr. Hartz said he attended the Executive Committee meeting, and the fee increase was $195, or ten percent. He said everything he has heard was that employees were asked to give back, so he questioned a ten percent increase. He said that because the program went three years without an increase, this became the street artists’ cross to bear. He said they didn’t have much to say, just take it or leave it. He said that they go to the office, and no one is there when they are supposed to be. He said for the amount they are paid, $200,000 or whatever it is, they should be there. He said he didn’t know of any other office that posts its hours, then has people walk into an empty room. He said that if the artists have to bear all of the costs, they ought to have some say, but they have no say. He said that he has heard that in prior years there were many more artists, but now there are fewer and fewer because of how the program is run.
    
    There was no further public comment.
    
    President Beltran said that the fee increase was discussed extensively, and everyone realized it would be a hardship. She said that the major constraint was that, by law, the program has to be self-sustaining. She said the Committee worked with Mr. Lazar and Ms. Krell to try figure out how to reduce any of these costs, and could not do it. She said she also did research on retail spaces, which range from an average of $25 per square foot up to $250 or more in prime retail areas. She said that the street artist spaces, on the sidewalk in the same prime retail areas, came to $1.56. She pointed out that in Venice Beach, the fee is only a licensing fee. She said that the San Francisco program was not just a licensing agency, but a program.
    
    Mr. DeCaigny said that staff and Commissioners understand that the fee increase is a major hardship, and they hear from the Cultural Equity grantees that their rents are going up, too. He said that San Francisco now has some of the highest rents in the country, if not the world. He said that for-profit galleries and nonprofit organizations are struggling to make rents, salaries and benefits. He said that it was a priority of this agency to help sustain the arts and artists, and he was 100% committed to work with the artists. He said staff was exploring initiatives like SFMade and Etsy, to allow the artists to monetize their work in additional ways. He said that staff is championing new spaces, and working with City partners at the Port on spaces.
    
    Mr. DeCaigny said he didn’t think the program could do with less staff. He said that the Controller and others want to see increased monitoring, and for two staff to monitor over 300 artists every day would require them to be out of the office all the time. He said that it was difficult to balance oversight and administration. He said that for Sunshine hearings, staff needed to be present.
    
    He reiterated that he and Ms. Krell were 100% committed to the program, to putting forward new spaces and working with partners at the Port on why this is a valuable program. He said that he is hearing the desire for increased quality, and that some people are selling wholesale items that are not handmade. He said that he had spoken with Ms. Hallinan, who learned her craft from her mother, and it was important to preserve these crafts.
    
    Commissioner Calloway said that the agency’s hands are tied by the City Charter, and in many ways the agency is understaffed. He said that it was important to get as much input as possible from the artists. He said it would be a political fight to think about going into other areas for funding, even if it were possible.
    
    Commissioner Chew said that there were six temporary spaces on Jefferson Street for six months. He said that work related to America’s Cup will improve the pedestrian walkway, and that during and after the event, there will be opportunities for the artists to sell.
    
    He asked people to consider what it costs a food truck to operate, and the permits they require. He pointed out that other businesses have to pay for water, power, and other expenses, and restaurants have to pay for health benefits. Many small business owners are faced with increases in various costs of doing business.
    
    Mr. DeCaigny said he was willing to continue the conversation at the Street Artists Committee meeting, or to survey artists. He added that there were challenges across all programs. He suggested possibly partnering with OEWD to see what mechanisms there are to increase awareness and foot traffic, or partnering with the Office of Small Business to help develop incentives or supports, to help artists develop business plans to deal with increasing costs.
    
    Commissioner Smith asked about projecting costs farther into the future, perhaps five to ten years. Mr. DeCaigny said that the City’s labor contracts are negotiated two years out, and it was hard to know what agreements will be negotiated. In some years, there have been cuts, and in other years, there have been increases; staff costs could not be set until the negotiations are complete.
    
    Commissioner Chow thanked Ms. Krell and Mr. DeCaigny for their work, and said it was helpful to hear from the community. He saw two parts to the problem: expense and revenue. On the expense side, he said, there was little control, since 90% is salaries and benefits. On the revenue side, he said, the program needs to be self-sufficient. He wondered if grants or other sources of revenue might be available so that it didn’t all fall on the artists.
    
    Mr. DeCaigny said that could be discussed with the artists, and perhaps there could be some kind of public-private project with a partner like Etsy or some other handmade market. He thought a private partner would want something in return acknowledging their brand. He noted that artists might have concerns with this kind of partnership, and said that staff would be willing to work on surveying the artists and generating ideas for revenue, sponsorships, or other sources.
    
    Mr. DeCaigny turned to the capital plan, as reflected in one of the documents in today’s packet. He explained that this was an estimate of the request the agency will put forward, and explained that the Capital Planning Committee was a separate entity, and reviewed requests separately from the rest of the budget.
    
    Likewise, he explained, the City’s Committee on Information Technology (“COIT”) was a separate body that would review the agency’s technology requests separately from the rest of the budget. The motion at hand requested the Commission’s approval of the budget proposal as well as the estimates for the capital and COIT requests.
    
    President Beltran acknowledged the documents submitted by the public, posted with the agenda.
    
    President Beltran called for a vote; the motion was approved unanimously.
    
    President Beltran commended Ms. Krell for her hard work on the budget over the past six months. Commissioner Calloway and Vice President Melania added that these were the clearest budget documents they have seen during their tenure.
  2. RESOLUTION NO. 0204-13-056: Motion to approve proposed fiscal year 2013-2014 and 2014-2015 Arts Commission budget.
2. Civic Design Review Committee—Cass Calder Smith, Chair
  1. Commissioner Smith reported that the Committee reviewed the Rainbow Honor Walk plaque project for the Upper Market Street area. They also reviewed a restroom project at Portsmouth Square, a Chinatown park. He reported that the Committee was setting a high bar, and the project was continuing, though at a slower pace than they might prefer.
    Finally, he reported, the Committee discussed fire stations, and thought it would be good to have a staff presentation at some point on the overall fire station project.
3. Community Arts, Education and Grants Committee—Sherene Melania, Chair
  1. Vice President Melania reported that the Committee was unable to meet for lack of quorum. She said that the grants and other matters they would normally have reviewed were referred to the Executive Committee in order to keep to the timelines, and referred the Commission to the Consent Calendar above.
4. Street Artists Committee—Gregory Chew, Chair
  1. Commissioner Chew reported that the Committee last met on January 9, and discussed several issues related to streamlining procedures and making the program more efficient; these were reflected in the Consent Calendar above.
    Public Comment:
    Mr. Addario said that artists should know that their art is considered speech and cannot be restricted by government. He chastised the Commission for attempting to restrain the First Amendment rights of artists and photographers. He said the comparison of street artists with retail stores was bogus and ridiculous.
    
    He read from a 1977 Civil Grand Jury report, and other documents, about sellers selling unauthorized items, and asked what the artists were paying for. He said that David Berbey had said the street artists were not adequately monitored, and he read from Leah Garchik’s column in the San Francisco Chronicle about many vendors downtown selling Angry Bird hats.
    
    Ms. Datesh said that the Commission was overlooking an important non-monetary issue. She said that a way to get a good spot on a Saturday is with a family unit. She said a family unit is screened together. She said that she had gone to the recent screening because she couldn’t get a form she needed to drop off because no one was in the office. She said that Pat Lloyd, whom she doesn’t know, got a homeless guy to say he was making flat bottles. She said he wasn’t making flat bottles, but was there for the lottery, so Ms. Lloyd could get a better space. She said that she saw Ms. Lloyd served with civil papers that day, and she had nothing to do with it. She said she didn’t know Ms. Lloyd, but had been slandered by her.
    
    Ms. Hallinan thanked Commissioner Chew, and said the artists had lost fifteen spaces, not six. She said the Port and the Fisherman’s Wharf Community Benefit District wouldn’t entertain the idea of reinstating them until there were changes. She said she would like to see more interplay between the Commissioners and the artists. She said they only get three minutes to speak every two months at the Committee meetings, and there have been no questions asked by Commissioners and encouraged Commissioners to come to the artists with questions. She said this was why the Clark brothers had to go to the Sunshine Task Force because they couldn’t have a back-and-forth dialogue. Ms. Hallinan said she felt that the artists have a glass ceiling.
    
    She said that the Arts Commission was supposed to approach the Port six years ago, and nothing was done. She said that for three years, the Wharf, the Port and the merchants association had been inviting the street artists to be part of the discussion, and sending e-mails to Mr. Lazar, but he didn’t forward them on to the artists. She said the artists didn’t learn about this until a merchant came to them to ask where they were and why they didn’t participate. She said there was no community representative within the group planning the Jefferson/Fisherman’s wharf streetscape, except for one meeting. She said there was a block between the artists and their representative, and she looked forward to more changes. She said she expects to attend more meetings.
    
    There was no further public comment.
    
    Commissioner Chew presented the following motion, explaining that these creative artists are painters, and make stone and wood pipes, beaded necklaces.
    
    There was no public comment, and the motion was passed unanimously.
  2. RESOLUTION NO. 0204-13-057: Motion to approve requests by former certificate-holders for priority issuance of certificate with waiver of re-screening of wares: Susan Pete, Virginia Travers, Michelle Lee.
5. Visual Arts Committee—Barbara Sklar, Chair
  1. In the absence of Commissioner Sklar, Commissioner Keehn reported that the Committee chose great finalists for the Central Subway Union Square Market Street station, although one has decided he does not wish to continue in the competitive process. She said the project will be a two-dimensional element added to glass roof and glass elevators.
    She reported that the Committee also reviewed exciting proposals for temporary art for the construction barricades around the Yerba Buena/Moscone and Chinatown station sites in 2013-2014.
  2. Turning to the proposal for a sculpture by Roxy Paine at the Central Subway Yerba Buena/Moscone Station, presented at the January 16, 2013 Visual Arts Committee meeting, President Beltran reported that she had received an e-mail from Martin Maguss and Mari Iki, as follows:
    “As long time supporters in the San Francisco arts community, my wife and I strongly encourage the installation of the Roxy Paine sculpture “Node” to be installed at the site of 4th and Folsom streets. In addition to the Keith Haring sculpture “Dancing Figures” which is located at Third and Howard, Mr. Paine’s work will further San Francisco’s reputation as forward thinking city, bring increased global tourism to the area, continue to bring vitality and a sense of pride to the history of the visual arts in San Francisco SOMA area. What a great gift for San Franciscans and the visitors to the city!
    
    “We realize, of course, that the hurdles will continue to mount, but we encourage you and your team to continue on in your endeavor. From our perspective we will also attempt to garner further support from our community of artists, homeowners and concerned citizens. Please don’t hesitate to contact us.
    
    “Congratulations and good luck!
    Regards,
    Martin Maguss + Mari Iki”
    
    She reported that the project is on hold, because the Commission, the Municipal Transportation Agency and the federal government are still working to clarify the funding.
    
    Commissioner Keehn added that this was a very exciting project, and that Mr. Paine is an important young sculptor, with work in collections around the world, and this would be a great addition to San Francisco’s collection.
    
    Commissioner Collins asked about the Bay Lights project, and Commissioner Keehn reminded him that this was not an Arts Commission project, and she would be happy to talk about it under New Business and Announcements.
Public Comment
Ms. Datesh submitted the following written statement:
“1. Contest the Nov. 14, 2012 Street Artist minutes. Third time. No audio of it on your web site and
CD has omitted portions. Minutes always post after 10 days and Inotice them every time that
They are in violation.

“2. Contest the Oct. meeting of the Board of Craftsmen Examiners. Spoke under public comment.
Wasn’t recorded. Contest the meeting of Jan. 2013. Filed out a speaker card. Lazar wanted
clarification as to what item. He told the board to ignore me. Since he was cariying the
recording device and covering it at will-I am sure this will not appear in the audio portion.

“3. Contest all the Executive Meeting minutes for the past 3 years. There are none.

“Pat Lloyd-served civil papers at Craftsmen meeting and got a permit for a homeless guy.
No credibility.
Daniel Hennesy
John Tenui”

Ms. Datesh submitted the attached e-mails [link to e-mails].

Ms. Datesh said that she had turned in her certificate on the prior Saturday to Public Art Trust and Special Projects Director Jill Manton. She said there have been too many incidents, and she works only one day a week on Saturdays. She said that the market manager made allegations to a San Francisco cop that he had a restraining order against her, but couldn’t produce it. She said he was making false allegations. She said it was very stressful, that she has diabetes and her sugar level spikes when she is under this kind of stress. She said the police are called frequently, and there’s always something, she’s always on the defensive, carrying a tape recorder, or videotaping some incident that didn’t take place. She said this is why she left New York. She said that Mr. Addario was wrong; there is a fee, which is called a seller’s permit. She said that there, they have legitimate issues, not the nonsense she sees in this program.

Mr. Hartz said he would identify things he sees the Commission doing wrong. He said there were $16,000 in legal fees, partly due only to the obstinacy of the agency. He said that Peter Warfield went to the Sunshine Task Force three times, they told the Arts Commission to turn over unredacted documents, and the staff refused. He said this was just obstinacy.

Mr. Hartz submitted the following written statement:

“During 2012, I attended meetings of the full Arts Commission and some of its committees. During those meetings, I identified a significant number of instances where meetings were not run in accordance with open government laws, in particular the Sunshine Ordinance and Brown Act. During those meetings, I identified some, but not all, failures to operate lawfully. At best, comments from myself and other open government advocates were met with silence and, at worst, with open hostility. This attitude was also apparent during hearings of the Sunshine Ordinance Task Force. Even though the task force had ruled repeatedly regarding disclosure of public records, staff of the Arts Commission simply refused to comply with lawfully issued Orders of Determination. I am having a difficult time deciding whether it is the staff taking a hostile stance, or whether they are following the hostile intent of the members of this commission!”

He said that the Arts Commission could fight all the cases, and run up another $16,000 next year. He said that if the Commission showed good faith and had conversations, maybe they wouldn’t have these expenses.

Mr. Addario said the problem was not only the cost, but performance, who is let into the program and enforcement. He said this hinders legitimate artists. He said there were 400 artists, and 200 go into and out of the program, kind of like a dilapidated apartment house with people moving in and out, and the maintenance is terrible. He said that Mr. Lazar has been a janitor for 22 years, and contrary to his statements, he did not have authorization. He said that Mr. Lazar worked ten hours at the South End Rowing Club at the Port, and also at Just for You, as reported on his Form 700. Mr. Addario said the proper authorization was not there, and asked how he could do this for 22 years, claiming to work 5:30-7:30 a.m. at the South End Rowing Club, then for the Street Artists Program, then works another job. He said that Mr. Lazar lives in Marin and takes the bus, and asked how he could do this. He asked the Commission to investigate, and said that if this work was done on the Arts Commission’s time, it is fraud.

There was no further public comment.

Commissioner Chuang left the meeting at 5:00 p.m.
New Business and Announcements
Commissioner Keehn announced that the Bay Lights project is not an Arts Commission project, but is privately funded; they have raised $6 million and have $2 million to go. She reported that all of the lights have been installed on the Bay Bridge, and artist Leo Villareal has been testing the lights, live and in real time, in the evenings. She said that he will be speaking at a sold-out event at the San Francisco Museum of Modern Art, and that the opening ceremony, the Grand Lighting, will take place on March 5. President Beltran reported that NBC has video on the spectacular project on their website. Commissioner Keehn encouraged everyone to go in the evening and watch the lights.
There was no public comment.
Adjournment
There being no further business, the meeting was adjourned at 5:05 p.m.

3/1/13 spr

Language Accessibility

Translated written materials and interpretation services are available to you at no cost. For assistance, please notify Commission Secretary Sharon Page Ritchie, 415-252-2591, sharon.page_ritchie@sfgov.org.

我們將為閣下提供免費的書面翻譯資料和口譯服務。如需協助，Commission Secretary Sharon Page Ritchie, 415-252-2591, sharon.page_ritchie@sfgov.org.

Materiales traducidos y servicios de interpretación están disponibles para usted de manera gratuita. Para asistencia, notifique a Commission Secretary Sharon Page Ritchie, 415-252-2591, sharon.page_ritchie@sfgov.org.